1. The Defendant (Counterclaim Plaintiff) paid KRW 29,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related thereto from January 14, 2012 to February 5, 2014.

1. Basic facts

A. Around November 2010, the Defendant agent C entered into a design service contract with the content that the design cost for new housing was KRW 30,000,000,000, when requesting the Plaintiff to design the new housing on eight parcels, including Scheon-si D, and agreed with the Plaintiff that the design cost was KRW 38,00,000,00, while changing eight parcels into 11.

(hereinafter “instant design contract”). (b)

On October 31, 201 for one parcel among the above 11 parcels, three parcels were accepted on November 17, 201 for five parcels, and each building report was accepted on November 23, 201 for two parcels, and each building report was accepted on November 3, 201 and November 17, 201 for two parcels, respectively, on December 28, 201 for which the amended design report was accepted on January 13, 201.

The defendant was notified by Scheon-si that the building report was accepted at the time of the acceptance of the above building report.

C. Within one year after the receipt of the above building report, construction works under the above report can be received, and it was impossible to receive the starting period due to the passage of the period.

Meanwhile, the Defendant paid the Plaintiff KRW 9,00,000,000, out of the design cost of the instant design contract.

[Ground of recognition] Facts without dispute, Gap evidence 6 and 9, part of the witness C's testimony (except for the part not trusted in the front) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the design contract of this case’s assertion, the Plaintiff paid the remainder of the design cost at the time of the construction permit, and thereafter, the Defendant’s agent C agreed to pay the remainder between the Plaintiff and the Plaintiff by November 21, 201. As such, the Defendant is liable to pay the remainder to the Plaintiff KRW 29,00,000 and delay damages.

B. Defendant’s assertion ① The Plaintiff is obligated to receive the start-up period under the instant design contract, and pay the remainder of the design cost at the time of receipt of the start-up period. The starting-up period is the start-up period that the Plaintiff did not receive the start-up period.