1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance except for the addition of the judgment of the plaintiff’s assertion to the court below as stated in paragraph (2). Thus, this is acceptable as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination as to the Plaintiff’s assertion

A. On March 3, 2017, the Plaintiff’s gist of the Plaintiff’s assertion changed the cause of the claim to claim construction cost against “afford order” other than the construction completion through a preparatory document, and accordingly, even though the Plaintiff submitted an application for modification of the purport of claim and the cause of claim on June 5, 2017 and submitted it to reduce the purport of the claim, the lower court determined on the premise of construction completion beyond the scope of the claim and thus, is in violation of the principle of disposition authority.

In addition, according to evidence, the plaintiff's claim can be accepted. The court below violated the rules of evidence on the ground that the plaintiff did not properly examine the probative value of various documentary evidence, such as Gap evidence No. 4, on the ground that the written evidence of this case was not submitted.

B. In this case, the first instance court did not have any evidence to prove that the Plaintiff completed the instant wooden construction among the instant construction works, and it is recognized that the Plaintiff was suspending the instant construction while the Plaintiff was performing the first floor construction among the instant construction works. Therefore, the part of the claim premised on the completion of the instant wooden construction among the instant construction works is without merit.

Furthermore, the Plaintiff’s claim for temporary materials and material costs is to seek reimbursement of expenses incurred by the Plaintiff in the course of performing subcontracted construction works from the Defendant. However, in the instant case where the Plaintiff, by modifying the purport of the claim and the cause of the claim, sought only the payment for a part of the completed construction, the Plaintiff proves that the part of the subcontracted construction works was completed and seeks only the payment for the whole completed construction works.