1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the above revoked part is dismissed.

1. In the first instance court, the Plaintiff sought payment of KRW 10,00,000 for the remaining construction cost and the additional construction cost of KRW 24,44,71 for the remainder construction cost. The first instance court dismissed the claim for construction cost for the remaining construction cost and partly accepted the claim for additional construction cost.

Accordingly, both the plaintiff and the defendant have appealed against the part of the judgment against them, and the plaintiff thereafter changed the purport of the appeal to only a part of the claims for additional construction costs through a preparatory document dated February 21, 2017, and thus, the subject of the judgment of this court is limited to the claim for additional construction costs.

2. Basic facts

A. Around January 28, 2015, the Plaintiff and the Defendant entered into a construction contract with the Defendant for the repair and interior work (hereinafter “instant construction contract”) of the second floor (53.84m2) of the building on the ground of the second floor (53.84m2) owned by the Defendant on the racing-si (hereinafter “instant building”) with respect to the construction cost of KRW 35 million (hereinafter “instant construction work”).

B. The Plaintiff and the Defendant did not prepare specific construction contract, construction design drawings, etc. at the time of concluding the instant construction contract.

C. While the Plaintiff was implementing the instant construction project under the instant construction contract, around March 2, 2015, there was serious conflict of opinion between the Defendant and the Defendant due to the occurrence of additional construction costs and the settlement of accounts accordingly, and accordingly, the construction was suspended during that time, and the construction was completed at the construction site.

The Defendant paid KRW 25 million to the Plaintiff among the construction cost under the instant construction contract, but did not pay the remainder on the ground of the Plaintiff’s discontinuance of construction work, and completed the construction work on the remaining part of the construction work that the Plaintiff did not construct to another construction business operator.

E. Meanwhile, the Plaintiff started and suspended the instant construction work.