1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. A. Around March 2006, the Plaintiff entered into a contract with the Defendant for the construction of a multi-family house with C and 3 floors above the third floor (hereinafter “instant building”) on a plot of land (hereinafter “instant building”) and completed the construction on or around June 2006, and the construction was completed on or around June 31, 2006. On August 31, 2006, the Defendant made a registration of preservation of ownership on the instant building, and paid the Plaintiff KRW 30 million for the said construction cost.

B. Around December 2007, the Plaintiff and the Defendant agreed to contract the construction work for the extension of the fourth floor of the instant building (hereinafter “instant extension work”) with the construction cost of KRW 30 million. The Plaintiff continued the construction work through D and F, and completed the instant extension work around January 2008.

C. Since then, the Defendant paid to the Plaintiff KRW 20 million on May 12, 2009, and KRW 10 million on August 29, 2009, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, and 9, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. On October 2006, the Plaintiff’s assertion 1) filed with the Defendant on October 1, 2006 the instant building 1, 2, and 3 floors of balcony outer walls, installation of door doors, etc. (hereinafter “the instant additional construction”).

(2) On December 2008, the Plaintiff and the Defendant agreed to pay the additional construction cost of KRW 40 million in total after the completion of the instant additional construction work and the additional construction cost of KRW 20,110,000, and the additional construction cost of KRW 20,000 was paid to the Defendant, but the Plaintiff and the Defendant agreed to pay KRW 30,000,000 in total. However, the Defendant did not pay the remainder of KRW 10,000,000 among them. 2) there was no agreement on the additional construction as asserted by the Plaintiff, and there was no fact that the Plaintiff executed the additional construction, and there was no fact that the Plaintiff claimed by the Plaintiff as the additional construction cost of KRW 1,2,300,00.