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. On May 5, 2016, the Plaintiff entered into a contract with the Defendant for the construction of the instant construction of the housing for an elderly household household in the Gyeongbuk-gun (hereinafter “instant construction”) with the Defendant for KRW 117,450,000 (hereinafter “instant contract”), and the Plaintiff started the instant construction from June 5, 2016.

B. On July 7, 2016, the Plaintiff drafted the instant contract with the Defendant, and the said contract entered the construction period from July 7, 2016 to November 2016.

C. On November 24, 2016, the Plaintiff discontinued the instant construction work, and the Defendant paid to the Plaintiff a total of KRW 80 million as the construction cost under the instant contract.

After suspending the instant construction work, the Defendant performed the construction work that the Plaintiff did not perform at the Defendant’s expense and completed the instant construction work around January 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 and Eul evidence 2 to 4 (including paper numbers) and images, Gap evidence 2 and 19, and the purport of the whole pleadings

2. The Plaintiff’s assertion, among the instant construction drawings, added underground basic works, changes in the thickness of inner walls, additional works for the installation of a multi-use door gate, and installation of boiler rooms at the request of the Defendant, and the construction cost for the additional construction is KRW 37,810,000.

In addition, the Plaintiff’s construction was suspended while the construction was conducted in excess of 90% of the total construction cost originally agreed and the said additional construction cost was 19,657,000 won.

Therefore, the Defendant’s construction cost of KRW 117,450,00 under the instant contract and the construction cost of KRW 155,260,00 in total, KRW 37,810,000 in the portion of the Plaintiff’s additional construction work, and construction cost of KRW 19,657.