1. The defendant's appeal is dismissed.

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

1. Facts of recognition;

A. On October 5, 2016, the Plaintiff entered into a building design agreement between the Defendant and the Defendant on the ground of Seopo-si C, Seopo-si, with the design of 21 household units at the contract price of KRW 45 million (excluding value-added tax). On the same day, the Defendant paid the Plaintiff the down payment of KRW 22 million on the same day.

B. Since then, the Defendant requested the Plaintiff to re-design the apartment house and neighborhood living facilities. On February 14, 2017, the Plaintiff and the Defendant designed the instant apartment house and neighborhood living facilities (hereinafter “instant apartment house”) on the first underground floor, the fifth floor above ground (including value-added tax). Of the contract amount, KRW 20 million shall be paid at the time of commencement of the design, the intermediate payment of KRW 20 million shall be paid at the time of completion of the construction permit, and the remainder of KRW 28 million shall be paid at the time of commencement of the construction permit (hereinafter “instant construction design contract”), and the Defendant remitted KRW 28 million to the Plaintiff on February 15, 2017.

C. The Plaintiff completed the design of the instant row, and obtained a building permit on May 25, 2017, and the Defendant did not commence the construction work even before the closing date of the instant argument.

[Reasons for Recognition] A without dispute, each entry of Gap evidence Nos. 1 through 8 (Evidence No. 3 is asserted that the defendant is not a document prepared by the defendant, but the defendant's corporate seal impression No. 7 (Certificate of Seal Imprint), and the defendant's seal of No. 3 is identical, and thus the authenticity is recognized) and the purport of the whole oral argument

2. The plaintiff asserts that since the construction design has been completed, the defendant is obligated to pay the remainder of KRW 26 million and delay damages to the plaintiff.

The Defendant, under the instant architectural design contract, included the preparation of a drawing for construction deliberation, the preparation of a drawing for building permission, the preparation of a drawing for construction commencement, and the preparation of a drawing for the usage inspection of a building. The Plaintiff prepared only the drawing for building permission, and completed all the tasks.