1. The plaintiff's claim is dismissed.

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

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff entered into a construction contract with the defendant on March 29, 2016, stipulating that the construction cost shall be KRW 175 million, and the construction period shall be from March 30, 2016 to May 10, 2016 (hereinafter referred to as the "construction contract in this case"). The plaintiff completed the construction in this case, and the defendant paid the plaintiff KRW 2.5 million on April 5, 2016, and KRW 70 million on April 19, 2016, and KRW 20 million on May 20, 2016.

According to the above facts, the defendant is obligated to pay to the plaintiff 32.5 million won (=175 million won - 52.5 million won - 70 million won - 70 million won - 20 million won) and damages for delay, unless there are special circumstances.

2. Judgment on the defendant's defense

A. As to this, the Defendant asserted that, from May 10, 2016, the date of completion of the instant construction project, the Plaintiff filed the instant lawsuit on May 31, 2019, where three years elapsed since the expiration of the prescription period for the claim for construction price, the Plaintiff’s claim for the construction price against the Defendant was extinguished by prescription.

The Plaintiff completed the instant construction on May 10, 2016, as seen earlier, and the three-year short-term extinctive prescription is applied in accordance with Article 163 subparag. 3 of the Civil Act. The Plaintiff’s lawsuit in this case is obvious in record that it was filed on May 31, 2019, which was three years after the lawsuit in this case was filed. Thus, the Plaintiff’s claim for construction payment against the Defendant had already expired before the lawsuit in this case was filed.

I would like to say.

Therefore, the defendant's above defense is justified.

(B) As of May 20, 2016, even if the Defendant paid the final construction cost to the Plaintiff, it is identical that the instant claim for construction cost expires by prescription prior to the filing date of the instant lawsuit).

On the other hand.