1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments

A. The Plaintiff’s assertion was that the Plaintiff, as a paint business operator, was awarded a subcontract for the part of the paint construction from October 2007 to December 2, 2007 and completed the construction. However, the Plaintiff was not paid construction price of KRW 1,280,00 in total, KRW 1560,00 on October 1, 2007 for the interior repair works of the 4,5th floor housing (i.e., KRW 12 x 130,000), KRW 5720,00 on November 207 (i.e., KRW 44 x 134 x 130,000), KRW 590,00 on December 207, 2007 (i.e., KRW 43 x 130,000).

Therefore, the defendant is obligated to pay to the plaintiff the sum of the above construction cost of KRW 1287 million and delay damages.

B. The Defendant’s assertion only did not have completed the construction work subcontracted from the Defendant, as alleged by the Defendant, and even if the claim for the construction work was established, the extinctive prescription expired by the lapse of three years, which is the short-term extinctive prescription period under Article 163 subparag. 3 of the Civil Act.

2. Determination:

A. It is not sufficient to recognize that the Plaintiff completed a subcontract for the part of the paint work performed by the Defendant from October 2007 to December 2, 2007 solely with the descriptions of evidence Nos. 1, 2, 1, and 2, and there is no other evidence to prove otherwise.

B. Even if the claim for the construction price against the defendant was made, as alleged by the plaintiff, the period of extinctive prescription is three years pursuant to Article 163 subparag. 3 of the Civil Act, and there is no other evidence to deem that the claim for the construction price of this case is due, and thus, the period of extinctive prescription shall run from the time when the claim for the construction price of this case was established.

However, even according to the Plaintiff’s assertion itself, the instant claim for construction cost occurred between October 2007 and December 2007, and from that time.