1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On June 5, 2013, the Defendant: (a) concluded a contract with the Plaintiff on June 2013 with the construction of a new construction of a four-story neighborhood living facility and a house on the ground (hereinafter “instant construction”; and (b) on June 2013 as of the date of commencement of the construction; (c) December 2013 as of the date of completion; and (d) KRW 610 million of the contract amount.

(hereinafter “instant contract”). (b)

According to the above contract, the Plaintiff completed the instant construction and obtained approval for use from the competent authority on November 29, 2013, and delivered the instant building to the Defendant. The Defendant paid the said construction cost of KRW 610 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) Determination of the Plaintiff’s claim regarding the claim for the construction cost of the extension of the rooftop floor is that the design drawing for the construction of the instant building is to construct a tea, which is a non-resident facility with a height of 5.39 square meters and 1.8 meters, on the rooftop floor of the instant building. While the Plaintiff was constructed, the construction cost was extended to a residential facility with a height of 29.67 square meters and 2.6 meters at the Defendant’s request. The Defendant paid the extended construction cost of KRW 4,085 and 350 (the amount calculated by dividing the construction cost of KRW 610 million by the construction cost of the instant contract of this case by the total floor of 149.314 square meters) to the Plaintiff as the total floor area of the building that the Defendant decided to newly construct under the said contract of this case, the total floor area of KRW 9,192,298 [the unit area of the instant building to be extended by the Defendant = KRW 24.28 square meters per unit area of the original contract size of KRW 296539.5 square.

(2) The fact that construction was conducted differently from the design drawings, as the Plaintiff asserts on the rooftop floor of the instant building, is not in dispute between the parties.