1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On December 16, 2010, the Plaintiff asserted that the Plaintiff entered into a building design service contract with the Defendant for the new construction of neighborhood living facilities on B and five parcels in Namyang-si, Namyang-si, and agreed to pay the said money in installments as KRW 40 million at the time of entering into the contract, KRW 40 million at the time of permission, KRW 40 million at the time of design change, KRW 10 million at the time of approval for use, and KRW 10 million at the time of approval for use (hereinafter “instant design contract”).

On January 31, 2011, and July 5, 2011, the Plaintiff implemented all the agreed terms except for approval for use, while continuing to modify permission following the design change.

Therefore, as stipulated in the design contract of this case, the Defendant is obliged to pay the Plaintiff the contract deposit of KRW 90 million (=the contract deposit of KRW 40 million,000,000,000,000 for the progress payment of KRW 10,000,000,000,000, so far, since the Defendant paid only the difference of KRW 70,000,000,000,000,000 and value-added tax of KRW 22,00,000,000 as well as damages for delay.

B. Defendant’s assertion 1) The Plaintiff was awarded a subcontract for the design business after the instant design contract, but the Plaintiff did not pay the subcontract price, and instead the Defendant paid the design price directly to the sewage supplier. In addition, the Plaintiff did not provide part of the design documents to the Defendant, thereby incurring monetary loss by concluding a design contract with a third party and making a double payment of the design price, and instead, filed a claim for damages against the Plaintiff. 2) The instant design service payment claim is subject to the short-term extinctive prescription period of three years under Article 163 subparag. 3 of the Civil Act, “a claim against the contractor, an article, or any other person engaged in the design or supervision of the construction work,” and is subject to the application of the short-term extinctive prescription period of three years. The instant lawsuit was filed after the lapse of three years from July

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