1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. On October 22, 2012, the Plaintiff asserted that he/she received a verbal subcontract from the Defendant, with the construction cost of KRW 15,000,000,000, and with the construction cost of KRW 14,30,000,00, which is located in Yong-si, Youngcheon-si. On October 29, 2012, the Plaintiff completed construction work around each time.

However, from October 31, 2012 to March 22, 2013, the Defendant paid a total of KRW 19,000,000 to the Plaintiff as construction cost.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 10,300,00 (=29,300,000 - KRW 19,000,000) as well as damages for delay.

B. The Defendant asserted that he subcontracted the construction work of the Plaintiff’s assertion to the Plaintiff and paid the construction cost of KRW 15,000,000 to the Plaintiff.

However, the Defendant did not subcontract the construction cost of KRW 14,300,000 to the Plaintiff, but subcontracted the construction cost of KRW 4,000,000 to the Plaintiff. On March 22, 2013, the Defendant paid the construction cost of KRW 4,00,000.

Therefore, there is no claim for the remaining construction cost of the plaintiff's assertion.

Even if the remaining claim for the construction price of the Plaintiff’s assertion remains, this is a claim for construction works of a contractor under Article 163 subparag. 3 of the Civil Act, which ought to be subject to the three-year short-term extinctive prescription. Therefore, at least, the period of extinctive prescription expired on March 22, 2016, which was three years from March 22, 2013 when the Defendant finally paid the construction price to the Plaintiff after the completion of construction works.

2. Each of the descriptions and each of the descriptions of Gap evidence Nos. 2, and Gap evidence Nos. 4 to 10 (including each of the numbers) is insufficient to recognize the plaintiff's remaining claim for the construction cost, and there is no other evidence to prove otherwise.

Furthermore, even if the remaining claim of the Plaintiff’s assertion remains, it shall be three years under Article 163 subparag. 3 of the Civil Code with respect to the contracted person’s construction work.