A. On September 25, 2012, the Plaintiffs entered into a contract with the Defendant for the construction of the instant construction of the store and studio (hereinafter “instant construction”) on September 25, 2012 between September 25, 2012 and February 25, 2013; and the construction cost at KRW 460,000,000.

B. The Plaintiffs and the Defendant decided to extend the completion date on May 24, 2013, but again, decided to extend it on June 30, 2013. Since then, the construction was interrupted due to the issue of payment of construction price to subcontractors, the Plaintiffs and the Defendant concluded a special agreement as follows (hereinafter “instant special agreement”) on July 8, 2013:

D E D D

C. As to the instant construction work, approval for use was granted on November 19, 2013, and the Plaintiffs, on December 22, 2013, terminated the contract for the instant construction work on the ground that the Defendant, while having concluded the instant construction work until December 7, 2013, did not complete the construction work properly.

Among the instant construction works, the assessed value of the part that the Defendant did not perform is KRW 45,779,000 in total.

[Reasons for Recognition] The descriptions of Gap evidence 1 to 28, the testimony of witness F, the purport of the whole pleadings, and the fact that there is no dispute

2. Determination on the claim

A. According to the facts found above, the Defendant was unable to perform part of the instant construction work in accordance with the contract on the instant construction work, and the deadline for completion has expired. Therefore, the Plaintiffs are liable to compensate for damages arising therefrom in accordance with the contract on the instant construction work and the instant special agreement.

B. 1) According to the fact of recognition of damages caused by the non-execution portion, the assessed value of the part that the Defendant did not perform during the instant construction work is 45,779,000 won in total. 2) The calculation of liquidated damages according to the instant special agreement for liquidated damages is as follows.

460,000 won (=460,000,000 won ¡¿ 1/1000) ¡¿ 179 days (from May 25, 2013 to November 19, 2013) = 82,340,000 won, provided that the instant case is the same.