A. The plaintiff is a corporation with the purpose of the architectural design business, etc., and the defendant is a corporation with the purpose of the bilateral storage place operation business.

B. On February 14, 2018, the Plaintiff and D entered into a contract for construction design and supervision on construction of a stable on the ground of Hongsung-gun E (23,961 square meters in a site area, 7,778.40 square meters in a building site area, 8,503.40 square meters in a total floor area) with the price of KRW 205,00,000 (excluding value-added tax).

C. D, on February 27, 2018, obtained the said stable construction permit from the Hongsung-gun on February 27, 2018.

On June 1, 2018, the defendant acquired the business related to the construction of the said stable from D, and reported the change of the name of the owner to the head of Hongsung Gun on July 10, 2018.

E. On June 2018, the Plaintiff and the Defendant concluded a building design contract for a stable construction project (23,961 square meters of a site area, 7,778.40 square meters of a building area, 8,503.40 square meters of a total floor area) with the price of KRW 170,000,000 of value-added tax (excluding value-added tax).

(hereinafter referred to as the “instant design contract”). The contract states the location of the site as “Seongsung-gun, Hongsung-gun, and one other parcel”.

F. The Defendant paid the Plaintiff KRW 100,000,000,000 on June 11, 2018, and KRW 50,000,00 on February 18, 2019.

G. On February 28, 2019, the Plaintiff and the Defendant concluded a construction supervision agreement on the said newly-built livestock shed as KRW 30,000,000 (excluding value-added tax).

H. On October 31, 2019, the Defendant drafted a letter of payment stating that the Plaintiff will pay KRW 37,000,000 to the Plaintiff the balance of the design cost for the construction work for the said stable by November 11, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 9, the purport of the whole pleadings

2. Assertion and determination

A. With respect to the Plaintiff’s assertion of the parties concerned seeking the payment of the balance of the design cost under the instant design contract, the Defendant entered into the instant design contract on the condition that the Plaintiff would design construction on the land E and F, Chungcheongnam-gun, Hongsung-gun, and obtain a building permit, and that the Plaintiff would obtain a building permit.