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1. The Defendant’s KRW 11,397,066 as well as the Plaintiff’s annual rate of 6% from July 4, 2015 to October 21, 2015, and the following.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 1, 5, 6, 7, and Eul evidence Nos. 1, 2, and 3:
On July 16, 2013, on behalf of the Defendant, the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of 2013, the public announcement of tender by means of total tender without attaching the basic amount of 395,069,000 won and calculation sheets, and the public announcement of tender announcement by the public announcement of paragraph (5). ① The public announcement of this case is to omit on-site explanation and substitute it for perusal of design documents, ② No objection may be raised against the issue that arises without any lack or inquiry of design documents, and is stated as the company’s responsibility.
B. The plaintiff was selected as a successful bidder in the above bidding.
C. On August 7, 2013, the Plaintiff entered into the instant construction contract with the Defendant for the construction cost of KRW 347,179,860, the date of commencement, August 12, 2013, the date of completion, and November 30, 2013, and “the construction contract (hereinafter referred to as “the instant first construction contract”) under the terms and conditions that the Defendant was awarded a contract for the instant construction work.”
In relation to the instant construction contract, the general conditions and special conditions of the construction contract were to be applied mutatis mutandis to local governments bidding and contract execution standards.
The special terms and conditions of the instant first construction contract are as follows: (1) In applying the special terms and conditions of the contract, the contractor may not demand any additional construction cost except the construction cost approved in writing upon the request of the owner to modify the design; and (2) the contractor may not demand any additional construction cost under any pretext in the performance of the general contract terms and conditions.
E. On November 201, 2013 and December 13, 2013, the Plaintiff entered into the instant construction contract with the Defendant without any change in the construction cost. The terms and conditions of the instant construction contract, advance payment, settlement of accounts, etc.