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. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 1-1, Gap evidence 5-1, Eul evidence 8-3, Eul evidence 12-1, Eul evidence 1-2, Eul evidence 2-3, Eul evidence 2-2, Eul evidence 2 and 3, witness C of the first instance trial and witness E of the trial, and the whole purport of the arguments.

On June 3, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, who seeks to construct mushroom farming plants and solar power generation facilities on the ground of Yongcheon-si B (hereinafter “instant land”), under which the Plaintiff would receive construction cost of KRW 495,00,000 (including value-added tax; hereinafter “the amount including value-added tax”) with respect to the instant land from the Defendant.

B. The Plaintiff completed the instant construction work around December 2014.

The Plaintiff’s construction payment amount of KRW 148,500,000 from the Defendant on June 27, 2014, and the same year

4. 148,500,000 won and the total of KRW 495,000 on April 148, 198,000 for the same year and December 31, 192.

2. Determination

A. The Plaintiff’s assertion 1) concluded the instant construction contract with C on September 24, 2014 between the Plaintiff and C who represented the Defendant, and the Plaintiff entered into a modified contract with C on September 24, 2014 to reduce the construction cost of the instant construction contract to KRW 317,00,000 (hereinafter “the first modified contract”).

B) On October 1, 2014, the construction cost of KRW 451,00,000 for the instant land is KRW 451,00,000 for the Civil Works Contract among the construction works for solar power generation facilities (hereinafter “Additional Construction Contract”).

(B) A modified contract with the effect that construction cost shall be reduced to KRW 380,950,000 (hereinafter “second modified contract”) on November 30, 2014 (hereinafter “second modified contract”).

A) Each contract was concluded and the construction was completed accordingly. Accordingly, the total construction cost that the Plaintiff has to receive from the Defendant shall be KRW 697,950,000 (the construction cost of KRW 317,000,000 for the first modified contract).