A. On June 5, 2014, the Plaintiff awarded a contract to the Defendant for the new construction of the building site B (hereinafter “instant housing”) in Chungcheongnam-gun Budget-gun (hereinafter “instant construction”) at the contract price of KRW 460 million (excluding value-added tax) (hereinafter “instant construction contract”), and its main contents are as follows.

The scheduled completion date: The first method for the payment of construction cost of KRW 460 million (excluding value-added tax): The second method for the payment of construction cost of KRW 50 million at the time of the contract: KRW 50 million at the time of the conclusion of the contract: KRW 30 million at the time of the conclusion of the contract: KRW 100 million at the time of the conclusion of the contract on November 30, 2014: KRW 100 million at the time of the commencement of the external funeral and human test on the third floor: The delayed compensation rate of KRW 100 million at the time of completion of the project: the statutory rate.

If the defendant fails to complete the construction within the deadline for completion, he/she shall pay to the plaintiff an amount calculated by multiplying the contract price by the rate of compensation for delay in the contract for each number of delayed days.

(Article 27(1) of the instant Construction Contract. The Plaintiff may rescind or terminate all or part of the contract in cases where it is evident that there is no possibility to complete the construction within the completion date due to the Defendant’s responsible reasons.

(Article 31(1)1(b) of the instant construction contract

The Defendant, while performing the instant construction work on November 3, 2014, suspended the said construction work, but agreed to complete the instant construction work by April 10, 2015, upon the Plaintiff’s demand, while resumptioning the construction work around January 27, 2015.

C. After that, on March 4, 2015, the Defendant requested that the completion of the instant construction cannot be completed by April 10, 2015, because the construction was delayed due to the Han wave continued to the Plaintiff, and that the completion of the instant construction cannot be completed by April 10, 2015. However, on March 10, 2015, the Plaintiff notified the Defendant that the completion completion date cannot be extended further.

Ultimately, the Defendant suspended construction without completing the instant construction work on or around March 2015, and thereafter, the Plaintiff directly resumes the remaining construction work on October 13, 2015.