1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. On February 7, 2014, the Plaintiff received payment of KRW 77,500,000 for the construction cost for the construction of a single-story housing with low-rise 588 square meters above the ground from the Defendant in Taecheon-si, Taecheon-si.

(hereinafter referred to as the “instant basic construction”). 【Ground for recognition” has no dispute, entry of evidence No. 1, and purport of the entire pleadings.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was as follows: (a) waste disposal, (b) warehouse construction, (c) construction on the rear and finishing of the instant basic construction; (d) construction on the back of the instant basic construction; (e) construction on the back of the instant building; and (e) construction on the back of the instant basic construction at the Defendant’s request; (g) construction on the front part of the building; (h) construction on the front part of the building; and (e) subsequent construction on the back of the instant basic construction (hereinafter “instant additional construction”).

Therefore, the Defendant should pay to the Plaintiff the remainder of KRW 16,826,00 (=19,326,000-2,500), excluding the remainder of KRW 2,500,000, which was already paid out of the total construction cost of KRW 19,326,000,000) and delay damages.

B. In the case of a contract for construction works for which the total construction cost was determined, the contractor does not have the obligation to pay the contractor the amount exceeding the original construction cost as the construction cost, unless there are special circumstances. However, if the contractor had an additional construction work not under the original contract, there is only room for paying the additional construction cost.

Furthermore, in a case where a dispute arises as to which part of the construction works is included in the original contract or additional construction works, it shall be determined by comprehensively examining all the circumstances such as the purpose of the contract for the construction works, the reasons why the contractor had to perform the additional construction works, the order of the contractor or implied agreement, the contents of the contract, the contents of the contract for the additional construction works, the ratio of the additional construction expenses to

[See Supreme Court Decision 2010Da70223, Sept. 13, 2012 (principal lawsuit), 2010Da70230 (Counterclaim)] C.

Facts of recognition

1. The plaintiff and the defendant of this case.