1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 9, 2013, the Plaintiff was awarded a contract with the Defendant for the construction of rupture repair and re-design of apartment units, and completed the construction requested by the Defendant around September 30, 2014.

B. The Plaintiff was not paid KRW 48,811,262 of the construction cost by the Defendant.

[Ground for Recognition: Unsatisfy, Evidence A No. 1-12, Purport of the whole pleadings]

2. The ground for the claim regarding the unpaid construction cost claimed by the Plaintiff can be recognized as acceptable.

However, the defendant's defense of extinctive prescription is considered to be detailed.

First of all, the period of extinctive prescription is three years, and the extinctive prescription is already completed at the time of the filing of the lawsuit in this case.

- As to the defendant's objection to the expiration of the statute of limitations, the plaintiff proposed that the representative of the defendant make an agreement on the payment of construction cost of KRW 15 million to the plaintiff around March 2018, which was the date of the plaintiff's filing of the lawsuit in this case, but the plaintiff refused such agreement. However, the defendant's action should be deemed to have waived the statute of limitations interest.

An obligor who is entitled to benefit of prescription may waive the benefit of prescription after the completion of the statute of limitations, and this is an expression of intent to not receive legal benefit from the completion of the statute of limitations.

In addition, the determination of whether there is an expression of intent to waive such benefit of prescription should be made objectively and reasonably in accordance with logical and empirical rules and the common sense of society, by comprehensively taking into account the contents, motive and background of the act or expression of intent, the purpose and genuine intent of the parties to achieve by expressing their intent, etc., and in accordance with social justice and equity principles.

The approval of an obligation as a ground for interruption of extinctive prescription is either the other party's right or its own right against the obligor who is a party to the benefit of prescription, who is a party to the statute of limitations.