A. On July 19, 2012, the Plaintiff entered into a construction contract with the Defendant on July 19, 2012, with regard to the construction cost of KRW 3,500,000 for the instant construction project located in Suwon-gu, Busan (hereinafter “instant construction project”), July 23, 2012, and August 15, 2012 for the scheduled completion date of construction works.

B. On July 23, 2012, the Defendant commenced the instant construction and completed the construction on October 4, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that, although the Defendant agreed to complete the construction on August 15, 2012, the Plaintiff shall pay the Plaintiff the penalty for delay 9,000,000 won (50 days x 180,000 won) since it was completed on October 4, 2012 (approval for Use) later than the agreed date.

According to the evidence No. 1, it is found that the plaintiff and the defendant did not enter into an agreement on compensation for delay between the plaintiff and the defendant. The defendant's delayed completion of construction than the scheduled date and the result of appraiser D's appraisal alone are insufficient to recognize compensation for delay to the defendant, and there is no other evidence to acknowledge it.

B. In full view of the overall purport of the pleadings as a result of the appraisal by appraiser A, including the cost of repairing defects, the Defendant did not perform construction or design work differently from the written estimate or design drawings presented to the Plaintiff, and the specific contents and the cost of repairing defects or additional construction are as follows.

561,000 2 toilet construction (construction against the thickness of the wall) 561,000 for the installation of a septic tank 450,000 for the height of the studio construction (construction of the wall in a toilet at a level that is against the thickness of the wall) 54,000 for 1 damp P.E film construction (construction of the basic board lower or directly upper part) (construction of the wall in a building at a level that is above about 35 cm than the neighboring finish while construction of the front septic tank), 450,000 for the wall non-construction (construction of the wall at a level that is above 35 cm than the neighboring finish while construction of the front septic tank of the building) 68,000 for the wall non-construction (construction of the wall in a remote area without the studio) on the side of the wall of the