The judgment below

This part of the claim that reflects price fluctuations in the mid-term progress payment is reversed, and this part of the case is in question.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the claim for the additional construction cost, the lower court determined that the instant lawsuit was unlawful, on the ground that the Plaintiff’s claim for the payment of KRW 250,00,000 for the additional construction cost, alleging that the instant lawsuit had been filed with the Defendant, other than the construction work stipulated in the instant contract with the Defendant, on the ground that the Plaintiff agreed to file a lawsuit regarding the second progress payment that the Plaintiff would receive from the Defendant, and that the said second progress payment includes the additional construction cost claimed by the Plaintiff, and that the said part of the lawsuit was unlawful, on the ground that it

Examining the record, the above determination by the court below is just, and there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the interpretation of legal acts and the interpretation of the Fair Transactions in Subcontracting Act

2. The lower court, based on its stated reasoning, determined that it is difficult to recognize that the Plaintiff and the Defendant agreed to separately pay an amount equivalent to the increased portion reflecting the price fluctuation in the said additional construction cost, on the part of the claim for the rise portion reflecting price fluctuation in the additional construction cost, and rejected the Plaintiff’s claim seeking such payment.

Examining the record, the judgment of the court below that dismissed the plaintiff's claim on this part is just, and there is no error of law by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. (1) With respect to the portion of the claim for rise reflecting price fluctuations in the progress payment, the summary of the claim is to be paid separately by the original Defendant, at the time of entering into the instant contract, in addition to the agreed construction cost that the Defendant reflected in the price fluctuation in the said construction cost.