1. Basic facts

A. A. Around March 14, 2008, the Plaintiff concluded a construction contract with the Defendant for the construction of a building on the area of 85,800,000 won (including value added tax) for the purpose of constructing a new building on the area of 752.70 square meters in Cheongju-si, Cheongju-si, and the construction period is from March 15, 2008 to April 15, 2008, and the compensation rate for delay is from April 15, 2008 to 1/1000 (1/1000 of the construction amount per day) for the construction of commercial facilities and the ground-breaking construction (hereinafter “instant 1 construction”), and started the construction work around that time.

B. In addition, on March 21, 2008, the Plaintiff entered into a construction contract with the Defendant to enter into a contract for the construction of the commercial facilities and the ground-breaking construction work (hereinafter “instant 2 construction work”) with the purport of newly constructing a building on the land of 75,900,000 square meters in Cheongju-si, Pluju-si, Cheongju-si, and the construction period from March 21, 2008 to June 21, 2008, and the compensation rate for delay is 1/1000 (1/100 of the construction amount per day) and started the said construction work around that time.

C. Since June 27, 2008 and July 1, 2008, the defendant issued a notice to the plaintiff on two occasions to the effect that the above construction of provisional facilities was executed outside the boundary line in the above construction site. In the above 2 construction, the above 2 construction works were built outside the boundary line of the front site on the side of the park and the road, and restored to its original state, and the construction of underground parking lot structures was under construction due to the error of inside and outside of the road, and thus, it was impossible to perform the construction of underground parking lot structures. Since the plaintiff did not comply with this, the defendant again failed to comply with the above 1, 208 construction again on two occasions on July 15, 2008 and September 1, 2008, and notified the plaintiff that the earth 1, 2008 construction of reconstruction and reconstruction in accordance with the drawing, and the defendant did not comply with the direction and execution of the above construction works in accordance with the drawing on January 13, 2009.