2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On February 1, 2013, the Plaintiff entered into a contract with the mother C and the Defendant’s mother C with the construction cost of KRW 15 million on behalf of the Defendant, and the Plaintiff was paid only the actual cost, and entered into an oral contract with the Rotterdam Corporation for the wife population D apartment 103 1701 dong 1701 at the time of the Defendant’s housing ownership (hereinafter “instant construction”). From February 13, 2013 to February 28, 2013, the interior construction was conducted from February 13 to February 28, 2013.

B. The Plaintiff spent KRW 15,158,400 for the instant construction cost, but the Defendant did not pay the construction cost to the Plaintiff at all.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Gap evidence 3, Eul evidence 1, Eul evidence 1, witness E, F and G testimony of the first instance court, the purport of the whole pleadings

2. The party's assertion and judgment

가. 당사자의 주장 1) 원고 주장의 요지 피고는 원고에게 이 사건 공사비로 31,097,838원과 이에 대한 지연손해금을 지급하여야 한다. 2) 피고 주장의 요지 피고 측은 원고로부터 공사대금 1,566만원 상당의 견적서를 받고서, 싱크대 공사비는 550만원에서 250만원으로 변경하고, 샷시 공사는 하지 않기로 하는 등 총 공사대금을 850만원으로 하기로 원고와 구두계약을 체결하였다.

However, since the plaintiff unilaterally performed additional construction work contrary to the contract, the plaintiff cannot respond to the plaintiff's claim exceeding 8.5 million won.

B. Determination 1) The facts acknowledged prior to the Plaintiff’s agreement on the construction and the overall purport of the arguments as to the evidence as seen earlier are considered as follows. ① The Plaintiff appears to have demanded the construction from the Defendant’s mother (the mother C is at the construction site and the actual person in charge of the construction at the construction site) while performing the instant construction, ② the Plaintiff’s special circumstances in which the additional construction is to be performed without any demand on the Defendant’s side do not peep, ③ the Defendant side raises any objection during the instant construction period.