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. From August 10, 2013 to September 17, 2013, the Plaintiff mobilized the figures from the Gyeonggi-gu building C located in the Gyeonggidong-gu B, which the Defendant newly built, and performed the construction of a spawal, sculpture, waterproof, and sampling.

B. On August 26, 2013, the Defendant paid KRW 17,350,000 to the Plaintiff, respectively, and KRW 17,350,000 on September 17, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 6 (including a branch number), each entry in the evidence 6 (including a branch number), D of the first instance and the trial witness D, witness E of the first instance and the trial witness F of the trial witness E of the first instance and the purport of the whole pleadings

2. The Plaintiff’s gist of the Plaintiff’s assertion concluded a contract with the Defendant with the content that: (a) 10,000 won per square meter; (b) 130 won per square meter; (c) waterproof construction; (d) 6,000 won per square meter; and (e) 4,000 won per square meter; and (e) 4,000 won per 1 square meter; and (e) the Plaintiff’s installation cost should be paid by multiplying the price by the said unit price.

After that, the Plaintiff completed the construction site equivalent to 3,668.2 square meters, 150,00 square meters, 3,229.6 square meters, and 1,943.27 square meters, with respect to the field of construction before the Plaintiff’s completion of the construction site, 36,682,00 won (=3,68.2 square meters x 10,000 won), 19,500,000 expenses for the field of construction (i.e., 150 square meters x 130 square meters x 130 square meters), 19,37,600 won for the waterproof construction cost (=3,229.6 square meters x 6,00 won x 6,00), 7,773,080 won for the field of construction work, 1,943 square meters x 4,000 square meters).

Nevertheless, as the Defendant paid only KRW 34,350,00 to the Plaintiff, it is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 48,982,680 (=83,332,680 - 34,350,000, excluding meal expenses).

B. As to whether the Plaintiff entered into a contract for a construction project with the Defendant with the content that the Plaintiff would be paid the amount of money calculated by multiplying the unit price by the quantity of the construction work after conducting a design, sculpture, flood control and drilling work (including the paper number), each of the statements (including the paper number) in Gap and Gap Nos. 1 through 7.