1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination as to the cause of claim

A. (1) On August 12, 201, the Plaintiff was awarded a subcontract by the Defendant for the mechanical works among the wastewater treatment facilities expansion works of the Dong International Pharmaceutical Co., Ltd. (hereinafter “instant construction works”) during the construction period of KRW 85,00,000 (excluding value-added tax) and the construction period from October 30, 201 to November 30, 201.

(2) While performing the instant construction, the Plaintiff carried out the instant additional construction upon the Defendant’s request to replace the secondary water pumps and install additional water pumps (hereinafter “instant additional construction”).

The construction cost incurred by the instant additional construction works is KRW 1,745,300 in total.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 4 evidence (if there is an additional number, it includes a number; hereinafter the same shall apply), the purport of the whole pleading

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 1,745,300 due to the instant additional construction work and the delay damages therefrom, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. In the process of performing the instant construction project, in addition to the instant additional construction works, additional construction works, such as new fire extinguishing tanks, waterproof control works, response ESX-MAL installation, stairs and pumps installation, additional installation of fire extinguishing tanks, and addition of chlorate mountain pipes were carried out. The Plaintiff and the Defendant agreed to settle the construction cost of such additional construction in total to KRW 30,160,000 (including value added tax) and the Defendant paid the said money in full to the Plaintiff. As such, the additional construction cost that the Defendant paid to the Plaintiff remains any longer.

B. Considering the following circumstances, the Plaintiff and the Defendant, including the instant Additional Construction, may consider the following circumstances that can be acknowledged by comprehensively taking into account the aforementioned evidence and the statements in the Evidence Nos. 1 and 2, the total construction cost of all Additional Constructions, including the instant Additional Constructions, shall be KRW 30,160,000 (including value-added tax).