The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The parties' assertion

A. On May 2017, the Plaintiff asserted that the construction cost was KRW 61 million upon receiving a subcontract for a renovation project for a house with a size of 343 square meters on land owned by the Defendant from the Defendant, both Gangwon-gu, Yangwon-gun, Yangwon-gun, Seoul, which was owned by the Defendant.

However, while the Corporation is in progress, the Plaintiff and the Defendant agreed to add the size of the extension and use the high-class materials, and pay the additional construction cost to the Defendant.

After that, the Defendant directly directed and supervised all construction works, and the Plaintiff completed construction works in accordance with the Defendant’s direction and supervision.

Upon completion of construction, the Plaintiff spent the total of KRW 89,016,990 for material expenses, personnel expenses, expenses, etc., and the Defendant paid only KRW 60 million among them.

Therefore, the defendant is obliged to pay the difference of KRW 29,016,990 to the plaintiff.

B. The Plaintiff and the Defendant asserted that the construction cost was KRW 49.5 million when concluding a contract on the said construction work.

After the commencement of construction work, the Plaintiff and the Defendant agreed to increase the construction cost as KRW 60 million.

The defendant paid the above construction cost of KRW 60 million in total.

The Defendant did not agree to demand additional construction works from the Plaintiff, pay all the required construction costs, or directly perform construction works.

No additional construction works shall also be specified.

It is difficult to believe that the construction cost claimed by the Plaintiff was used.

Since the above construction work has not been properly performed, the defendant's expenses have been spent and completed the construction work, and the amount equivalent to such expenses should be deducted.

2. In light of the following circumstances, as to the fact that there was an agreement or agreement on the settlement of actual expenses alleged by the Plaintiff regarding the payment of the pre-paid construction cost beyond the part acknowledged by the Defendant, Party A, as alleged in the Plaintiff’s argument.