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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 24, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant from August 5, 2014 to August 31, 2014, where the construction of multiple partitionss and ventilation partitions from August 5, 2014 to August 31, 2014, the construction cost of which is KRW 176,00,000 (including surtax), and the main contents are as follows.
Article 4 (Inspection of Construction Materials) (1) The use of existing materials for the Corporation shall take precedence over the use of existing materials, and if short, a new order shall be given.
In addition, the Corporation shall settle the accounts additionally other than the contract details.
(2) Materials to be used for construction shall be inspected by all supervisors before their use, and the disqualified materials shall be inspected immediately in substitution for substitute parts.
However, the contract term can not be extended for this reason.
Article 5 (Change or Suspension of Construction Works) (1) The defendant may, if deemed necessary, request in writing the alteration of the details of construction works, addition or temporary suspension of construction works.
Accordingly, if it is necessary to extend or reduce the contract period or to increase or decrease the contract amount, it shall be decided in consultation with the plaintiff.
(2) An increase or decrease in the contract price under paragraph (1) shall be governed by the following standards:
The unit price for the increased or decreased volume of construction works shall be the unit price on the calculation sheet under the provisions of Article 2 (2) (hereinafter referred to as the "contractual unit price").
B. The Plaintiff was paid KRW 134,000,000 as the construction price of the instant case by the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2, testimony of witness D, purport of whole pleadings
2. The plaintiff asserts that the defendant is obligated to pay the plaintiff the remaining construction cost of KRW 42,00,000 and the additional construction cost of KRW 6,796,360, total of KRW 48,796,360.
The defendant asserts that the plaintiff should settle the remainder of the construction cost in accordance with the construction contract of this case, and the defendant would rather settle the construction cost in accordance with the actual construction contract of this case.