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.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff's assertion and judgment asserted that the defendant did not explicitly set the construction cost of the construction contract of this case, but agreed to set the general construction cost of the construction work executed implicitly by the plaintiff as the construction cost.

The construction cost of the construction project implemented by the Plaintiff under the instant construction contract is KRW 41,740,00 in total as shown in the attached Table “Contents of the Plaintiff’s Claim”. If the construction cost is deducted from KRW 5,00,000 paid by the Defendant, the remainder of the construction cost is KRW 36,740,000.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 36,740,000 as the construction cost of the instant case, and damages for delay.

The contents of the instant construction contract asserted by the Defendant are limited to making the land of this case horizontal by setting up a fume pipe on the land of this case. However, the Plaintiff and the Defendant set the construction cost at KRW 5 million, and the Defendant paid the Plaintiff the construction cost at KRW 5 million. As such, the Defendant did not pay the construction cost of this case to the Plaintiff.

Judgment

First, with respect to the criteria or method for determining the construction cost of the instant construction contract, it is insufficient to recognize it only with the evidence submitted by the Plaintiff, as to whether the Plaintiff agreed explicitly to determine the general construction cost incurred in the construction work executed by the Plaintiff as the above construction cost exceeding five million won as the Defendant’s person, and there is no other evidence to acknowledge it.

Furthermore, the construction cost of KRW 36,00,000 shall be paid as the soil transport work No. 2 in the table of “the construction specifications of the Plaintiff’s assertion” attached to the instant land, in particular, the scope of the construction work executed by the Plaintiff.