A. On March 24, 2016, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) for the construction of a new site officetel E in Ulsan-gu, Ulsan-gu. On September 18, 2017, the Plaintiff entered into a subcontract with D and the Plaintiff on September 18, 2017, with a down payment of KRW 220 million (hereinafter “instant contract”).

B. The Plaintiff was required to perform additional construction works for modification of design, and was signed by the Defendant’s agent C in a written confirmation of additional construction cost (hereinafter “instant confirmation”).

A EF

C. Meanwhile, on July 9, 2018, upon C’s instruction, the Plaintiff completed the instant construction project, including additional construction, and upon the Defendant’s payment to D, D paid the subcontract price to D.

The Plaintiff did not request D to pay the construction cost as it did not include the instant contract regarding the additional construction among the instant construction works, and D did not also claim the said additional construction cost to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, each entry of Eul 1 evidence, witness G's testimony, the purport of whole pleadings

2. Determination as to the claim for additional construction cost

A. The following circumstances can be acknowledged by the Defendant’s obligation to pay additional construction costs and the evidence as seen earlier: (i) the Plaintiff entered into the instant contract with D only formally, and (ii) performed the instant construction project under the direction and supervision of the Defendant’s agent C; (iii) the details of the construction stated in the instant written confirmation are deemed not to be included in the estimate of the instant contract; and (iv) D did not claim additional construction costs for the Defendant, in light of the fact that the instant additional construction cost is not included in the instant written confirmation, as it is not included in the instant contract.