1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance citing this case is as follows, except for the addition of the judgment on extinctive prescription as to this case, and therefore, it is identical to the ground of the judgment of the court of first instance citing this case under the main sentence of Article 420 of the

2. Whether extinctive prescription for a claim for construction price under each of the instant documents has expired;

A. The gist of the parties’ assertion 1) Claim 177,260,000 won for the Plaintiff’s defense against the Defendants was completed three years after October 8, 2015 when the Plaintiff completed the instant construction work. (2) The Plaintiff’s re-appellant Defendant Company approved the Plaintiff’s obligation to pay the construction cost by delivering the instant written form to the Plaintiff on November 20, 2015, and the statute of limitations was interrupted.

B. Determination 1) The Plaintiff’s claim for the construction cost under the instant contract against the Defendant Company was a claim for the construction work of the contractor, and the period of extinctive prescription is three years pursuant to Article 163 subparag. 3 of the Civil Act, and the Plaintiff’s claim for the construction cost becomes due upon the completion of the instant construction work on October 8, 2015. However, the Plaintiff’s claim for the payment order against the Defendants was due on November 12, 2018, which was three years after the date on which the Plaintiff filed the application for the payment order against the Defendants. However, on November 20, 2015, the Defendant Company issued each of the instant written notes (Evidence A3) with the Defendant Company’s promise to pay KRW 227,260,240 to the Plaintiff under the joint and several guarantee of Defendant C and D, and thus, the extinctive prescription was interrupted.

Furthermore, on November 12, 2018, before the expiration of the three-year extinctive prescription period, the Plaintiff filed an application for the instant payment order against the Defendants for the payment of KRW 227,260,240,00 according to each of the instant notes, and thereafter, sought payment of KRW 177,260,000 among the claims in the instant case that was subsequently implemented as a lawsuit.