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

A. On December 14, 2011, the Defendant organized a joint supply and demand company with C Co., Ltd. and D's representative director (hereinafter "joint supply and demand company of this case"), which is the Defendant’s representative director, with C Co., Ltd., and entered into a contract for the construction of A Hospital Specialized Smoking Disease Center (construction and civil engineering) with the Plaintiff, a procuring entity, on three occasions (the construction contract for long-term continuing construction is a long-term continuing construction contract, which is a long-term continuing construction contract between the instant joint supply and demand company of this case and the contract for the construction of facilities of the Chungcheong Local Government. The construction contract of this case was entered into on three occasions between the contracting entity and the contract for construction of facilities of the Chungcheong Local Government. The construction contract of this case was entered into on three occasions according to the number of vehicles of the concluded construction contract; hereinafter “the entire construction contract of this case”; hereinafter referred to as “the entire construction contract of this case”). The contract was modified on February 3, 2013.

B. Some of the general conditions of the instant construction contract are as follows.

Article 25 (Compensation for Delay) (1) When the contractor (referring to the joint contractor in this case; hereinafter the same shall apply) fails to complete the construction works within the deadline for completion prescribed in the contract, he/she shall pay in cash the amount calculated by multiplying the contract price (the annual contract price in cases of a long-term continuing construction contract) by

(2) If a public official in charge of contracts accepts a completed portion pursuant to Article 29 through an inspection in cases under paragraph (1), the amount equivalent to such portion shall be deducted from the contract amount.

In such cases, the acceptance of a completed portion shall be limited to the acceptance of a completed portion of a construction work that may be divided in its nature.

Article 31 (General Damage) (1) The other party to the contract shall bear the loss to the object of the construction, the government-funded materials, the lent materials, and the third party during the performance of the contract.

Provided, That where a cause not attributable to the other party to the contract occurs, the contract owner shall be the plaintiff.