A. On May 18, 2018, the Plaintiff entered into a contract with the Defendant on May 18, 2018, under which the design service relating to the permission for the restoration of an industrial complex and the approval for the design of a structure for the quasi-industrial complex of KRW 130,000 (excluding value-added tax; hereinafter the same shall apply) was determined as the price for the restoration of the industrial complex of KRW 130,000,000 among the price for the contract. Of the price, KRW 39,000,000, the intermediate payment of KRW 39,000,000 upon the completion of the design of the structure, and the remainder of KRW 52,00,000,000 is to be paid respectively

B. The Plaintiff performed the design service under the instant contract, and accordingly, the Defendant obtained approval for the restoration design for the said project from the competent authority on April 11, 2019.

C. However, the defendant did not pay 43,000,000 won out of the price under the contract of this case to the plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the plaintiff completed the design and other services under the contract of this case, and accordingly, the defendant obtained approval for the restoration design for the above business from the lux market, so the defendant is obligated to pay the plaintiff the price under the contract of this case. On the other hand, as seen below, the remaining payment due date under the contract of this case is seven days after the date when the lux market approved the restoration design for the above business. The fact that the original copy of the decision of the payment order of this case was delivered to the defendant on March 11, 2020 after the date when the original copy of the decision of this case was delivered to the defendant on March 11, 2020. Thus, it is clear in the records that the defendant was delivered to the plaintiff on March 11, 202, and since the above remaining payment due date, the delivery date of the original copy of the payment order of this case sought by the plaintiff from March 12, 202 to the date of full payment.