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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 10, 2014, the Defendant concluded a contract with the Plaintiff to subcontract the instant construction cost of KRW 473,000,000,00 for construction work among the construction works for a comprehensive training site at a fire school located at the 646-2, the Nam-gu, the Nam-si, the Nam-si, the Nam-gu, the Nam-si, the Southern-si, the Defendant, as the owner of the instant construction works
(hereinafter “instant construction contract”). B.
During the process of the instant construction project on July 29, 2014, the Plaintiff suspended the construction project upon requesting an increase in the construction cost due to design modification. On August 20, 2014, the Plaintiff and the Defendant drafted a design modification agreement and construction performance agreement to modify the instant construction contract with the purport of increasing the total construction cost in addition to the modified design amount of KRW 132,00,000,000. The main contents are as follows.
Article 2 (Modification of Design)
2. The amount of design changes shall be increased by KRW 132,00,000 (including value added tax) and the construction cost of the instant construction shall be KRW 605,00,000 (including value added tax).
Article 5 (Scheduled Date of Completion of Works)
1. The scheduled date of the completion of the instant construction works shall be September 30, 2014, but shall be determined on October 10, 2014 based on the present friendly situation at the site and climate conditions.
3. In order to perform the plaintiff's faithful construction, the defendant shall actively cooperate in the payment of the price according to the rate of flag. When the plaintiff continues to suspend construction for three days or more due to material costs, heavy equipment usage fees, expenses, etc. and voluntary factors, the plaintiff shall be fully responsible for the delayed payment until three days or more, and the defendant may settle the remaining amount according to the verification rate of the third party and deposit the construction work.
4. In the case of paragraph (3), the Plaintiff cannot transfer to the Defendant the liability for arrears, and the instant construction contract between the Plaintiff and the Defendant is terminated without any separate written notification, and may use all the construction materials possessed by the Plaintiff without any separate payment, and the Defendant’s work.