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. Basic facts

A. The Defendant, while continuing to construct a new multi-household house on April 2012, subcontracted the construction cost of the said construction to the Plaintiff at KRW 45 million (300,000 per square year x 150 square meters).

B. The Plaintiff completed the instant construction work, and was paid KRW 45.8 million as the construction price by the Defendant.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. Since the Plaintiff’s summary of the assertion was built by adding a total of 14 square meters while carrying out the instant construction project, the Defendant ought to pay the Plaintiff the additional construction cost of KRW 4.2 million (=14 square meters x 300,000).

In addition, the plaintiff performed the construction up to the ground boundary area extended by the plaintiff, and since the dump angle 35 degrees and the dump angle was notified to the defendant that it could not perform the construction work originally, the defendant should pay the additional construction cost, and it was 3.5 million won of the restoration cost because the part treated as concrete was cut out to the syn beam extension up to the syn beam beamline. The defendant is obliged to pay 3.5 million won of the restoration cost to the plaintiff.

B. Examining the determination, the Plaintiff added the additional construction solely based on the statements in Gap evidence Nos. 1 and 3, and the testimony of the witness C at the trial.

It is difficult to recognize that the plaintiff paid restoration expenses due to the reasons attributable to the defendant or there is no other evidence to recognize them.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.