1. The instant lawsuit shall be dismissed.

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

1. On October 14, 2015, the Plaintiff’s assertion entered into a design and supervision contract with the Defendant on a building (hereinafter “instant contract”), and paid KRW 91.5 million out of total contract amounting to KRW 410 million. The Defendant: (a) designed 18 or 16 sites where the building area and floor area of multi-household housing were calculated; and (b) did not have any design drawings, etc., the said contract was terminated; and (c) claimed KRW 50 million, which is part of the amount of damages.

2. Whether the lawsuit in this case is legitimate or not (1) where the parties to the lawsuit and the lawsuit in this case are filed with different time, the lawsuit brought later violates the principle prohibiting duplicate lawsuits and is unlawful (Article 259 of the Civil Procedure Act). In this case, the criteria for identifying the previous lawsuit and the subsequent lawsuit shall be based on the prior notification of the time when the lawsuit occurred to the defendant (see, e.g., Supreme Court Decisions 94Da12517, Nov. 25, 1994; 2010Du7796, Nov. 29, 2012; 205Du16065, Nov. 25, 2016; 3). According to the health department, this court’s substantial fact, and the purport of the entire arguments, the plaintiff asserted the termination of the contract in this case against the defendant on March 15, 2016; 2). The plaintiff may request the return of 65,87500,000 won from the court of this case to the court of this case to 206Da1616