1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On or around March 28, 2013, the Plaintiff operating the Plaintiff’s alleged architect office with the Defendant, and on or around March 28, 2013, with respect to F, I, J, J, K, L, M, N,O, P, Q, the Plaintiff’s 11 Incheon Spoman-gun, Incheon Spoman F, etc.

R. (hereinafter “instant land”) made a verbal contract with the Defendant to design 11 multi-household housing units on the fourth floor to be newly constructed on the ground, and to receive KRW 59,312,00 (=1482.8 square meters x 40,057 square meters x 30,000 per square meter) from the Defendant.

The Plaintiff completed the design by July 30, 2013 under the said design contract. However, the Defendant paid to the Plaintiff only KRW 935,000,000 of the said design price, which requested the Plaintiff to provide the services of KRW 6 million.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the design cost of KRW 53,312,00 (=59,312,000 - 6 million) and damages for delay.

B. Although the Defendant, who runs the construction business of the Defendant’s assertion, requested the Plaintiff to inform the land registry of the instant land and to provide the provisional design to the Plaintiff at the level of flood analysis, the Defendant did not enter into a design contract for the 11 unit of multi-household housing on the instant land as alleged by the Plaintiff, and the multi-household housing construction business on the instant land was nonexistent.

Since then, the Defendant requested the Plaintiff to design and supervise three multi-household houses, which are to be newly constructed on three parcels, including H, in Chungcheongnam-si (hereinafter “Y-si”), and only paid approximately KRW 9 million for the design of multi-household houses on the pertinent Chungcheong land.

2. Determination

A. The Plaintiff operates the architect office under the trade name “D architect office” in Seo-gu Daejeon, Seo-gu, Daejeon, and 417. The Defendant is the birth of the Plaintiff-friendly E, and the Defendant requested the Plaintiff to undertake the provisional design for multi-household housing (plan design) to be newly built on the instant land, and the Plaintiff’s allocation plan, outline floor plan, and multiple drainage regarding multi-household housing to be newly built on the instant land around April 2013.