1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination as to the cause of claim

A. On January 3, 2008, the Plaintiff entered into a service contract with the Defendant to design the golf course of the golf course located in Gyeonggi-gu B (9 holes) at KRW 200,000,000. At the time of entering into the above service contract, the Defendant paid KRW 200,000 as down payment, KRW 20,000 as the first installment payment at the time of receiving the business approval (authorization of implementation plan), KRW 30% as the second installment payment at the time of completing the business approval (authorization of implementation plan), KRW 30% as the second installment payment at the time of completing the business approval (authorization of implementation plan), and KRW 20% as the remainder within one month after completing the business approval (approval of implementation plan) and thereafter, the Plaintiff completed the design work in accordance with the above service contract, and the Defendant received the notification from the competent administrative agency on May 17, 2010.

3) The defendant paid only KRW 60,000,000 out of the above design service cost to the plaintiff up to the present day. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3 (including the provisional number, and the purport of the whole pleadings

B. According to the above facts of determination, barring any other special circumstances, the Defendant is obligated to pay the Plaintiff the service payment of KRW 140,000,000 (200,000 - 60,000) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from August 6, 2014 to the date of full payment, which is the day following the date of delivery of a copy of the complaint of this case, as sought by the Plaintiff.

2. Judgment on the defendant's defense of extinctive prescription

A. The Defendant’s claim for the design service cost is a claim subject to the three-year short-term extinctive prescription, and the Plaintiff filed the instant lawsuit more than three years since the date on which the performance of the service contract was completed, the Plaintiff’s claim for the service

B. The Plaintiff’s claim for service costs falls under Article 163 subparag. 3 of the Civil Act, and the three-year short-term extinctive prescription is applied. According to the above fact-finding, the Plaintiff’s claim for service costs balance under the service contract.