The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. The assertion and judgment

A. Comprehensively taking into account the overall purport of Gap evidence Nos. 1 and 6 and Eul evidence Nos. 3 (including branch numbers) as to the cause of the claim, the plaintiff entered into a construction contract with the defendant on October 21, 2015 to determine the construction cost of the Liart extension work (hereinafter "the instant construction work"), 3.6 billion won during the construction period, and 3.6 billion won during the construction period from November 1, 2015 to April 30, 2016. At the time, the defendant agreed to pay the plaintiff the fees to the plaintiff in return for using the guest rooms and restaurant of the Liart in this case (including branch numbers), and the members who were inserted into the construction of this case from November 21, 2015 to 2060 million won (hereinafter "the instant construction work"), and the non-payment of the usage fee of 2060 million won and 565 million won (hereinafter "the usage fee of the instant case").

According to the above facts of recognition, the defendant is obligated to pay the Plaintiff the royalty of this case KRW 97.9 million and the delay damages therefor, except in extenuating circumstances.

B. The Defendant’s defense is a defense that the statute of limitations has expired. As such, Article 164 subparag. 1 of the Civil Act provides, “The statute of limitations expires if the Defendant’s claim on the royalty of this case is not exercised for one year.” However, since the claim on the royalty of this case constitutes a claim on accommodation charges and food charges, the statute of limitations is one year.”

Meanwhile, there is no evidence to acknowledge that there was an agreement between the original defendant on the due date of payment of the royalty claim of this case, and thus, the usage fee claim of this case is a claim with no fixed due date.