A. The Defendant, by August 25, 2013, submitted to the competent authority an agreement on the payment of liquidated damages (hereinafter “instant agreement on the payment of liquidated damages”), and submitted a document on the completion of the said construction to the competent authority only before October 15, 2013, in relation to the construction of a new multi-family house with C ground (hereinafter “instant construction”) contract between the Plaintiff and the Plaintiff, to be in a usable state by completing the receipt of completion documents for the said construction works until August 25, 2013. However, if the Plaintiff fails to perform the said agreement, he/she is obligated to pay the Plaintiff a liquidated damages amounting to one million won per day (hereinafter “instant agreement on the payment of liquidated damages”). As such, the Defendant is obliged to pay the liquidated damages amounting to five million won (one million won x one million won x 50 days) and the delay damages amounting to the said construction works.

B. The defendant did not enter into an agreement on the liquidated damages in this case with the plaintiff, and there was no proof of performance required by the plaintiff based on the agreement on the liquidated damages in this case, and the defendant's seal affixed on the above performance memorandum was affixed without the plaintiff's authority, and the plaintiff's above assertion on the liquidated damages in this case is without merit.

2. Determination

A. As to the cause of the claim, the Plaintiff awarded a contract for the instant construction work to the Defendant for a total of KRW 5,90,000 of the construction cost, and the Defendant commenced the instant construction work from March 2013 without preparing the contract for the instant construction work. Upon the Defendant’s request, the Plaintiff paid part of the construction cost of the instant construction work during the process of the instant construction work, and around June 2013, the amount of the construction cost between the Defendant and the Defendant shall be KRW 5,90,000,000,000,000 from the time of the contract and the intermediate payment, KRW 27,50,000,000,000 out of the intermediate payment, and the remainder shall be paid at the time of completion of the construction.