1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The facts of recognition are as follows: (a) between the Plaintiff and the Defendant on June 19, 2013, ① the building in C (D building), ② the gas station in E, and ③ the building in F (G building) each rooftop waterproof and building painting construction (hereinafter “instant construction”); (b) the total construction cost shall not exceed nine million won; and (c) the construction cost shall be calculated and paid on a daily basis for personnel expenses and material costs, etc. at the time of completion of the construction; and (d) the Defendant paid a total of KRW 5,195,00 by paying a total of KRW 5,195,00 in advance out of the construction cost, or by paying a total of KRW 195,00 in material cost, according to the purport of the entire testimony and pleadings by the parties, or by the evidence evidence No. 1, No. 1, No. 1, and witness at the trial. 1, and witness at the trial.

2. The plaintiff asserted that the construction work in the first instance court was contracted for KRW 9 million and received KRW 5 million among them, and thus, the remaining KRW 4 million was sought. However, in the first instance court, the plaintiff argued that the construction work in this case would be paid at KRW 3,675,00,000 or KRW 2,700,000, not by contract contract. However, in the first instance court, the plaintiff argued that the construction work amount to be paid by the defendant would be paid at KRW 3,675,00 or KRW 2,70,000.

As such, the Plaintiff did not explicitly reduce the claim. A.

The primary assertion is that the Plaintiff paid a total of KRW 8,870,000 for the instant construction cost as labor costs and material costs, and among them, paid KRW 5,195,00 by the Defendant. As such, the Plaintiff sought payment of KRW 3,675,00 for the non-paid construction cost (=8,70,000-5,195,00).

B. Although it is not acknowledged that the costs of construction paid by the Plaintiff for preliminary alleged family affairs are total of KRW 8,870,000, the Defendant agreed to pay KRW 2,700,000 as the remainder of the construction cost in the course of settling accounts with the Plaintiff after the completion of construction, and thus, the Defendant seeks payment of KRW 2,70

3. Determination

A. Judgment on the primary argument