2. The costs of lawsuit shall be borne by the Plaintiff.

A. On May 3, 2016, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with respect to the land processing factory tin (hereinafter “instant construction”) located in C and one parcel of land, both Defendant and Gyeongbuk-do permanent residence, setting the construction cost of KRW 59,950,00, and the construction period of KRW 59,950,000, from May 5, 2016 to May 25, 2016.

B. Article 20 of the instant construction contract provides that where the content of the design does not coincide with the state of the construction site or requires the installation of additional facilities due to the modification of the project plan, etc., the design shall be modified, and the contract amount shall be adjusted when the increase or decrease in the construction volume occurs.

C. On June 10, 2016, the Plaintiff completed the instant construction work.

On June 15, 2016, the Plaintiff entered into a contract with the Defendant to change the construction amount of the instant construction contract to KRW 69,949,000 (hereinafter “instant modified contract”) on the ground of an increase in the volume of the instant construction project.

E. The Defendant paid the Plaintiff KRW 69,949,00 as construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 5-2 through 10, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and the Defendant decided to settle the construction cost by measuring the construction volume actually supplied after the completion of construction work since the conclusion of the instant construction contract, and the construction cost calculated according to the actual construction volume invested in the instant construction project is KRW 107,525,00.

The modification contract of this case is merely a fact that the contract of this case was concluded to receive the construction cost inevitably without the defendant's crossing.

Therefore, the Defendant is obligated to pay the remainder of KRW 37,575,00,000, except for the remainder of KRW 69,949,000 paid to the Plaintiff.

B. The Plaintiff and the Defendant asserted that the Plaintiff, who completed the instant construction project, did additional construction work to the instant construction project.