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. Basic facts

A. On July 1, 2014, the Plaintiff and the Defendant entered into a contract on construction works (hereinafter referred to as “instant construction contract”) with the content of the Defendant, the contractor, the Plaintiff, the construction contractor, the construction cost of KRW 56,595,00 (the supply price of KRW 51,450,00,000), and the construction period of KRW 5,145,00,000, from July 1, 2015 to November 30, 2015 (hereinafter referred to as “instant construction contract”).

B. The Plaintiff completed the instant construction on December 16, 2015, and the Defendant paid to the Plaintiff KRW 87,186,000 (the supply price of KRW 79,260,000, KRW 7,926,000) in total from August 20, 2015 to February 5, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff and the Defendant agreed to undertake additional construction works other than the construction work under the instant construction contract, and the additional construction works agreed to do so by the method of settling them on the basis of personnel expenses, and the Defendant paid only KRW 79,260,000 out of the total construction cost of KRW 132,65,000 to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 52,405,000 ( KRW 132,665,000 - KRW 79,260,000) and delay damages therefrom.

B. Determination 1) The Plaintiff employed workers at the construction site of this case and allowed them to work at night work, etc.; the Plaintiff paid labor cost to the said workers at its own expense through the Plaintiff’s account, etc.; the Plaintiff, the employees E and F of the Defendant’s side to verify the details of the additional construction works undertaken by the Plaintiff; or the fact that the documents confirming them are prepared by the Plaintiff did not conflict between the parties, or the parties, and the evidence Nos. 4, 5, and Nos. 10 through 13 (if the number is included;

each entry and pleading of the whole shall be recognized by taking into account the purport of such entry and pleading.