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.

Facts of recognition

The plaintiff is a corporation that provides civil engineering and design and supervision services, and the defendant is a corporation that provides civil engineering, construction, electrical construction, etc.

On April 1, 2002, the Defendant entered into a technical service contract (hereinafter “instant service contract”) with the Plaintiff, setting the term of contract from April 1, 2002 to April 30, 2002, the contract amount of KRW 36,300,000 (including value-added tax) and awarding the contract to the Plaintiff, among the construction works of paper rock reconstruction apartment (hereinafter “instant service contract”).

The detailed details and unit price of the design service business that the Plaintiff has contracted shall be as specified in the following table:

After two months from the date of the conclusion of the instant service contract, the Plaintiff completed the remaining services, other than double-public design, among the services under the instant service contract, whose design was 120,000,000-value 3,300,000-value 15,000,000 of double-public design design 120,000,000-value 3,300,000,000 in total.

[Grounds for recognition] In light of the above-mentioned facts, Gap evidence 1 and 2, Gap evidence 4-1, and the purport of the entire pleadings, the defendant is obligated to pay the plaintiff the design service cost of KRW 30,800,000, and damages for delay.

The defendant's claim on the defendant's defense under the service contract of this case was completed 3 years from April 30, 2002 or from May 31, 2002, which is the date the contract term expires.

Judgment

The claim based on the instant service contract constitutes “claim on the design of construction” as prescribed by Article 163 subparag. 3 of the Civil Act, and thus, if not exercised for three years, the extinctive prescription is complete.

However, the fact that the ground survey and the design service was completed after two months from the contract date during the service contract of this case is the plaintiff, and the statement of Gap evidence No. 2 is written.