1. The defendant's compulsory execution against the plaintiff by the Daegu District Court 2015 tea 2512 is denied.

2...

1. Basic facts

A. On October 31, 2013, A Co., Ltd. (hereinafter “A”) contracted from the Korea Water Resources Corporation with B in KRW 5,435,821,376. As a special terms and conditions of the said contract, the Korea Water Resources Corporation agreed to adjust the contractual volume by applying the changed quantity if the contractual quantity of earth and stones generated changes, and the counter-party to the contract could not raise an objection thereto.

B. On December 16, 2013, the Plaintiff agreed to conclude a modified contract, adjusted according to the content and proportion thereof, when the amount of contract content between the ordering person and the original contractor would be changed.

다. 원고는 2014년 2월경 피고와 사이에 토공사 중 암(岩)발파 공사에 관하여 계약물량을 202,521㎥로, 단가는 발파암은 ㎥당 1,600원으로, 시험발파는 회당 3,000,000원으로 정해 도급계약을 체결하면서, 특약사항으로 물량 증감은 발주처(원도급자)의 설계변경을 기준으로 적용하기로 약정하였다. 라.

The defendant started blasting work from March 2014 according to the contract with the plaintiff, and the defendant suspended blasting work after consultation with A around June 30, 2014 when most of the construction works were performed.

E. Although the initial design volume of rock wave under the construction contract between the Korea Water Resources Corporation and A was 202,521 cubic meters, the Water Resources Corporation, the ordering person, determined the volume of rock wave from August 27, 2014 to 157,902 cubic meters as the result of the construction, and entered into a modified contract with A on October 21, 2014. Accordingly, the Plaintiff entered into a modified contract with A on October 27, 2014 reflecting the aforementioned content.

F. On April 20, 2015, the Defendant: (a) filed a claim against the Plaintiff by Daegu District Court 2015 tea2512; (b) KRW 123,213,872 against the Plaintiff; and (c) rendered the payment order for the remainder of the blasting construction cost.