1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. On September 30, 2015, the Plaintiff requested the Defendant to make an estimate of the Defendant’s outdoor landscape view construction work (hereinafter “instant construction work”). On September 30, 2015, the Plaintiff prepared and issued a estimate of KRW 8,000,000 (excluding value-added tax) of the construction cost (hereinafter “first estimate”). (B) On October 2015, the Plaintiff entered into a contract with the Defendant to conclude the instant construction project with the amount of KRW 8,00,000 (excluding value-added tax) with the construction cost as KRW 8,00,00 (excluding value-added tax). (c) On November 9, 2015, the Plaintiff newly prepared a estimate of KRW 10,200,00 (excluding value-added tax) of the construction amount and then delivered it to the Defendant.

On January 2016, the Plaintiff completed the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7 and 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the plaintiff shall pay the remainder construction cost of KRW 5,870,00 (including value-added tax) as well as damages for delay, since the plaintiff agreed to increase the construction cost of KRW 10,20,00 (excluding value-added tax) upon the defendant's request for additional construction or alteration work, and only KRW 5,350,00 among them, the defendant shall pay the remainder of construction cost of KRW 5,870,00 (including value-added tax).

The defendant asserts that, after receiving the first estimate, the construction amount was set at KRW 7,00,00 (excluding value-added tax) after consultation with the plaintiff, there is no fact that the construction amount was increased to KRW 10,200,000.

B. We examine the following circumstances: (a) After the commencement of the instant construction project, the Plaintiff issued the second written estimate in which the construction amount is KRW 10,200,00 (excluding value-added tax) to the Defendant; (b) the Defendant is dissatisfied with the said written estimate after receiving the said estimate.