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.

Basic Facts

A. On June 21, 2017, the Defendant purchased the “Eel” located in Busan Northern-gu D from C, and completed the registration of ownership transfer on July 31, 2017 under the name of the Defendant.

B. On August 5, 2017, the Plaintiff operating “F” entered into the instant franchise agreement (hereinafter “instant construction agreement”) with the Defendant and the scope of construction work on drawings, the construction price of KRW 130 million for construction work, and the construction period from August 5, 2017 to September 5, 2017 for the instant franchise agreement (hereinafter “instant construction agreement”).

C. On August 5, 2017, the Plaintiff commenced the instant construction, and around September 29, 2017, delivered the instant franchise to the Defendant.

The Defendant’s construction cost of the instant case to the Plaintiff KRW 13 million on August 7, 2017,

8.1.47 million won;

8.21. 50 million won;

8.25. 70 million won;

9.4.3 million won;

9.8.3 million won;

9.21.10 million won;

9.26.20 million won;

9. A total of KRW 285 million paid on 29.15 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 4, entry of Eul evidence 1, 21, assertion of the purport of the whole pleadings

A. The construction contract was concluded by setting the construction cost of KRW 130 million, such as the estimate of the certificate of evidence No. 1 of the Plaintiff’s assertion, with the construction cost as KRW 130 million. The Defendant’s agent (the Defendant’s partner and the actual operator of the instant cartels) went far more than the expected cost of the additional construction cost due to the H’s demand, including the removal work of the newly demanded construction and the waste disposal cost.

Accordingly, the Plaintiff, after making an oral agreement to adjust the details of the additional construction works up to the H and the phase on September 22, 2017 to increase the construction cost in KRW 400 million (excluding value-added tax), drafted a new construction contract for the construction area “300 p”, the construction cost of KRW 400 million (excluding value-added tax), the construction period from August 5, 2017 to September 20, 2017 (Evidence 2; hereinafter “instant additional construction contract”).