1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. A. On September 6, 2007, the Defendant entered into a design service agreement between the EEE Construction Co., Ltd. (hereinafter “SE”) and the Defendant’s construction in the lots of 252-2 and 17 (hereinafter “SE area”) of Jinhae-dong 252-2 and Jinsan-dong (hereinafter “instant construction”). The Defendant entered into a design service agreement with the Defendant to design the STX-E condominium at a contract price of KRW 990 million for the instant construction work.

B. Around November 2007, the Defendant agreed to subcontract the design of the civil complex and the incidental civil engineering portion among the design services for new condominium construction to the Plaintiff at KRW 58 million, and entered into a design service contract with the Plaintiff as follows (hereinafter “instant service contract”).

Article 4 Payment of Price

1. For the payment of service charges, the payment shall be made according to the defendant's judgment and the level of service progress, based on the timing and rate of payment for the service progress between the defendant and the ordering agency as follows:

(Payment on the basis of the due date of the bill at the time of receiving the bill from the place of the order: 10% of the completion money (when completing the building permit): 30% of the completion money (after the delivery of the working design): 50% of the completion money (after the completion of the work design): 10% of the total completion money (after the issuance of the completion certificate of the use inspection):

2.The above time and proportion of payment for completed portion may be adjusted according to the payment by the ordering authority and the circumstances of the defendant.

C. Around that time, the Plaintiff received 10% of the total service cost as the down payment of the instant service contract from the Defendant and started design work at KRW 5.8 million.

On May 2008, the Plaintiff completed the design under the instant service contract and supplied the design drawings and drawings, which are the result, to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 6, the purport of the whole pleadings

2. The Plaintiff seeks payment of KRW 46,400,000 for the remaining service cost (80% of the total service cost) after deducting the down payment (10%) and the down payment (10%) from the service cost under the instant service contract.