A. On August 5, 2015, the Plaintiff concluded a construction contract with the Defendant on the construction cost of KRW 400,00,000 for the Cheongju-si DaMoel (hereinafter “instant Moel”), from August 7, 2015 to October 7, 2015, setting the construction cost rate of KRW 0.02% for delay compensation (hereinafter “instant construction contract”). Around August 21, 2015, the Plaintiff promised that the Defendant shall compensate the Plaintiff for damages incurred due to delay in the terms of the contract.

B. After paying KRW 40 million to the Defendant on August 5, 2015 in accordance with the instant construction contract, the Plaintiff paid the Defendant a total of KRW 360 million up to September 16, 2015, including KRW 120 million of the intermediate payment of KRW 40 million on September 16, 2015. The Plaintiff paid KRW 40 million as the completion amount of construction on October 5, 2015, but the Defendant failed to complete the instant construction project by the date of completion of construction ( October 5, 2015).

C. Following the agreed construction period on November 2015, 2015, the Defendant continued to perform the installation works of the second floor and the guest room display works, around December 2015, the extension works of guest rooms and the parking lot ceiling works, around January 2016, and the front walls and access road works of the building, around February 2016, and around February 17, 2015, the total amount of KRW 40 million was paid from the Plaintiff as the remainder of the construction price from December 17, 2015 to January 25, 2016, but the complete finishing works of the building was not completed until February 13, 2016.

On February 29, 2016, the Plaintiff filed a report on the accommodation business by changing the instant telecom to “E”, and the instant telecom was completely prepared on March 4, 2016.

E. In order to establish eight PCs, the Defendant’s non-execution portion, the Plaintiff spent KRW 7.2 million for expenses incurred by requesting other companies to install PCs. In addition, from March 5, 2016 to November 15, 2017, total construction cost of KRW 9.51 million was spent to complete and repair the non-execution work of the instant telecom.

【Ground of recognition】 There is no dispute.