The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Acknowledgement of the judgment of the court of first instance (1) is not significantly different from the allegations in the court of first instance. However, even if the evidence submitted in the court of first instance was presented as evidence, the fact-finding and judgment of the court of first instance (in the absence of evidence to deem that there exists an agreement between the plaintiff and the defendants on the implementation of additional construction works and the payment of additional construction costs) is justifiable.

(2) The reasoning for the court’s explanation on the instant case is that, in the case of a contract for construction works for which the entire construction cost was determined, the contractor is not obligated to pay the contractor an amount exceeding the original construction cost, barring any special circumstances. However, if the contractor had an additional construction work not under the original terms and conditions of the contract, there is only room for paying additional construction cost. Furthermore, in a case where there is a dispute as to what portion of the construction work is included in the original terms and conditions of the contract, the contractor’s purpose of the additional construction work, the reasons why the additional construction work was ordered, the details of the contract for the additional construction work, the contents of the contract for the additional construction work, the ratio of additional construction cost to the entire construction cost, etc. (see, e.g., Supreme Court Decisions 2010Da70230, Sept. 13, 2012; 2010Da70230, Feb. 27, 2017).

On the other hand, the Plaintiff and the Defendant did not agree on the additional construction.