1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Determination on the cause of the claim

A. On August 2, 2017, the Plaintiff: (a) concluded a contract with the Defendant for construction of a new building C on a permanent basis (hereinafter “instant construction”) at KRW 215,00,000; and (b) completed all the construction works, except for the portion of the non-execution of construction works equivalent to KRW 3,045,00; and (c) implemented additional construction works equivalent to KRW 6,845,400.

Nevertheless, the defendant paid 190,000,000 won to the plaintiff as the construction price. The defendant has a duty to pay the remaining construction price of KRW 21,95,00 (=215,00,000 (the construction price) - [3,045,000 (the amount already paid)], additional construction price of KRW 190,00 (the portion already paid)], 6,845,400 (the amount already paid) and damages for delay.

B. In full view of the facts without dispute, Gap evidence Nos. 1 and 2 (including each number), the plaintiff discontinued the construction work of this case after being awarded a contract for the construction cost of KRW 215,000,000, and the plaintiff was paid a total of KRW 190,500,000 from the defendant at this court. However, the court of first instance recognized the fact that the plaintiff was paid a total of KRW 199,50,000 on the date of first instance trial as alleged by the defendant, and there is no evidence to prove that the above recognition was based on mistake.

the fact that he received shall be recognized.

However, the evidence submitted by the Plaintiff alone performed the construction work exceeding KRW 199,50,000 for the construction cost already received by the Plaintiff.

It is insufficient to recognize the agreement on additional construction works and its implementation, equivalent to KRW 6,845,40,00, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's remaining construction cost claim and additional construction cost claim cannot be accepted.

2. Conclusion, the plaintiff's claim shall be dismissed for lack of reasonable grounds.

The judgment of the first instance is justified in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.