1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of this court cited the judgment of the court of first instance is as stated in the following Paragraph 2. The new argument by the plaintiffs is as stated in the reasoning of the judgment of the court of first instance, subsequent to the 9th sentence of the judgment of the court of first instance, following the 7th sentence of the judgment of the court of first instance, and subsequent to the addition of the judgment as stated in the following Paragraph 3, it is identical to the entry in the reasoning of the judgment of the court of first instance. Therefore, it

2. The extinctive prescription of a claim for payment in cash and a claim for damages in installments shall resume from the time of each final and conclusive judgment of the first and second instances.

However, Article 165(1) of the Civil Act provides, “The period of extinctive prescription of a claim established by a judgment shall be ten years, even if the claim falls under the short-term extinctive prescription.” This is derived from the consideration that there is no reason to apply the short-term extinctive prescription inasmuch as the existence of a claim is determined officially by a judgment, even if a claim subject to the short-

According to the purport of the above provision, although the judgment of the first instance is the judgment confirming the existence of the obligation, the existence of the claim for cash payment in this case shall be the subject matter of lawsuit, and as a result of C's active assertion of the right in response, the existence of the claim for cash payment becomes final and conclusive. Thus, the above claim for cash payment constitutes "a claim established by a judgment" under Article 165 (1) of the Civil Act

Therefore, the period of extinctive prescription of the defendant's right to claim cash payment is extended from August 19, 2005 to ten years from the date when the first judgment became final and conclusive.

However, the fact that the lawsuit in this case was filed on August 11, 2014, which was before the expiration of the extinctive prescription, is significant in this court, and the defendant asserts the existence of the right to claim cash payment and actively responded to it, so the right to claim cash payment still exists without extinction of prescription

3. Matters to be judged additionally;

A. In principle, the Plaintiff’s claim for the completion payment against the Plaintiff is allotted by the authorities in recompense for development outlay.