1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Even if the evidence submitted to this court in the first instance court for the acceptance of the judgment of the first instance is different from the evidence submitted to this court, the recognition and judgment of the first instance court is recognized as legitimate.

Therefore, the reasoning of this court concerning this case is as stated in the reasoning of the judgment of the first instance except for the dismissal as stated in paragraph (2). Thus, this court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance on the part in which the trial was completed, the 5th to 18th of the judgment of the court of first instance have been completed as follows:

【2) Furthermore to the purport of the entire argument in the foregoing evidence, the instant construction contract states only the “internal and outer finishing construction,” and there is room to regard the packaging of access roads, stairs installed, etc. claimed by the Plaintiff as an additional construction as an ancillary construction separate from the newly constructed construction of the building. The first instance court appraiser F of the instant building calculated the construction cost of KRW 346,089,00,000, and the construction cost of the additional construction cost of KRW 89,106,000 as claimed by the Plaintiff, compared to the calculation of the construction cost of KRW 320,00,000 as stated in the instant construction contract.

3) However, in light of the following circumstances, the evidence mentioned above and the evidence stated in Gap's evidence Nos. 7 through 11, the appraisal commission to the appraiser F by the court of first instance, and the appraisal commission to the appraiser F by the court of first instance, the evidence submitted by the plaintiff is sufficient to view that the evidence submitted by the plaintiff alone ordered the plaintiff to perform the construction works not included in the scope of the original construction contract, thereby making such additional construction work, or that the plaintiff agreed between the plaintiff and the plaintiff as to the construction details and construction amount claimed by the plaintiff as additional construction works.

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it (On the other hand, the part claimed by the Plaintiff as an additional construction work).