1. The plaintiff's claim is dismissed.

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

1. On April 2, 2009, the Defendant prepared and delivered a letter of payment for the construction cost (hereinafter “each of the instant forms”) to the Plaintiff, stating that “The construction cost of KRW 40,000,000 shall be paid by October 2, 2009, in relation to Changwon-si C Apartment 58, Changwon-si 58.” (hereinafter “each of the instant forms”).

[Reasons for Recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Determination

A. The summary of the allegations by the parties (1) The Defendant did not pay the remainder of KRW 38,00,000 to the Plaintiff in addition to the payment of KRW 2 million to the Plaintiff on December 20, 2018, which was after the preparation of the instant written statement.

Therefore, the defendant is obligated to pay the money stated in the purport of the claim to the plaintiff.

(2) The gist of the Defendant’s assertion has expired the extinctive prescription of the claim for construction cost based on the instant written statement asserted by the Plaintiff.

B. (1) According to the above facts, the defendant is obligated to pay the unpaid construction price and damages for delay based on the letter of this case to the plaintiff unless there are special circumstances.

I would like to say.

(2) However, according to the above facts, the period of extinctive prescription is three years for the claim based on the instant written statement. Since it is apparent in the record that the instant lawsuit was filed on June 7, 2019, which was more than three years from October 2009, the due date set forth in the instant written statement, which was the due date set forth in the instant written statement, the claim for construction cost based on the instant written statement as claimed by the Plaintiff had already been extinguished before the instant lawsuit was filed.

I would like to say.

On December 20, 2018, the Plaintiff asserted that the extinctive prescription has been interrupted due to the Defendant’s payment of KRW 2 million under the pretext of construction cost based on the instant written statement. However, on December 20, 2018, the Defendant paid KRW 2 million to the Plaintiff around December 20, 2018.

The construction cost of two million won or more paid as such shall be based on the letter of this case.