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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 July 18, 2011, the Plaintiff entered into a construction contract with the Defendant to receive a contract for the retaining wall repair works located in Kimhae-si C (hereinafter “instant construction works”) from the Defendant for the construction cost of KRW 250,000,000 (excluding value-added tax) (hereinafter “instant contract”).
The contract prepared at the time of conclusion of the contract of this case contains the following special terms and conditions:
1. All the construction works shall be in accordance with the accompanying drawings unless there are reasonable grounds to the work safety;
4. He shall attach a detailed statement of construction work and a copy 26 of the drawing.
On October 201, the Plaintiff completed the instant construction work, and the Defendant paid the construction price to the Plaintiff as stipulated in the instant contract.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff’s assertion during the instant construction work, in consultation with the Defendant, performed the following construction works, and thereby, the construction cost of KRW 47,538,700 in addition to the construction cost stipulated in the instant contract (=43,217,000 + value-added tax KRW 4,321,700) was incurred.
Therefore, the Defendant shall pay the Plaintiff KRW 47,538,700 for the additional construction cost.
(hereinafter for convenience, the site of the instant construction is divided into A, B, C, and D in sequence from the south to the north, as indicated in Gap evidence 12-12. ① The section was to be constructed with a concrete retaining wall stairs consisting of six 1.2 mpire stairs, but the height was 8 1.2 mpire stairs.
② B, D 구간에 녹화(녹색토) 작업을 하기로 되어 있었으나 슛콘크리트로 변경 시공하였다.
③ At the section B and D, 4m chloke was to be constructed with two lines, but it was constructed with three lines.
④ Although the size of afforestation (green) work in the section A was 1,250 square meters, it actually worked 1,490 square meters.
(5) The drainage shall be made on the north side of the D section (the forward part of the evidence No. 14-1).