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

A. On June 8, 2012, the Plaintiff entered into a construction contract with the Defendant on June 8, 2012 with the content that the Defendant newly constructed an urban-type residential house on the land outside 494-15, Sungnam-dong, Daejeon-dong, Daejeon (hereinafter “instant contract”) (hereinafter “instant contract”), and the construction work under the said contract refers to “the instant construction work.”

(2) Upon entering into the said contract, the Plaintiff and the Defendant agreed to set the construction cost of KRW 15,917,00,000, and the construction period from June 25, 2012 to January 31, 2014; and the Defendant agreed to pay 0.001% of the construction cost as liquidated damages for each number of delayed days when the Defendant fails to complete the construction within the construction period.

(3) Around April 2013, the Defendant suspended the instant construction work at the rate of 11.62%, and the instant contract was rescinded by exercising the Plaintiff’s right to rescind the agreement on April 10, 2014. (B) Meanwhile, the Defendant filed a lawsuit against the Plaintiff seeking payment of the construction price at the rate of the initial value of the instant construction work as the court’s order (2015No204523).

(3) The appellate court asserted that the Plaintiff had a claim for the construction payment against the Defendant at the appellate court of the said lawsuit (Seoul District Court Decision 2016Na10730, Jun. 21, 2017) against the Defendant, and asserted that the Plaintiff had a claim for the delay compensation amounting to KRW 1,098,273,00 [15,917,00,000 for = construction price x 001 x 001 x 69 days for delay (from February 1, 2014 to April 10, 2014)] under the agreement on the delay compensation amounting to KRW 1,098,273,00 for the instant construction work, and that there was a claim for the delay compensation amounting to KRW 69,00 for delay (from February 1, 2014 to April 10, 2014).