A. On March 19, 2013, the Plaintiff entered into a contract with the Defendant to remodel D’s “D” telecom (hereinafter “instant telecom”) located in Young-gun C (hereinafter “instant telecom”).

The main contents of the above contract are as follows:

The name of a construction contract for a construction project: The construction period for the construction project to be executed on March 20, 2013: The date of commencement of the project in Yeongdeungpo-gun, Chungcheongnam-gun: the date of completion of the project on March 20, 2013: the contract amount: June 30, 2013; the construction period for the construction under the special agreement of KRW 638 million (including value-added tax) shall be from April 20, 2013 to June 30, 2013; and the amount equivalent to 3/1,000 of the total construction amount shall be promptly compensated on the daily basis.

B. While the Defendant had been performing the instant construction project, the subcontractor was unable to pay the construction cost in time, and the instant construction project was discontinued around May 2013.

On or around May 25, 2013, the Plaintiff agreed to pay the instant construction cost directly to the subcontractor, and thereafter, the Plaintiff paid the instant construction cost directly to the subcontractor, not to the Defendant, except for the Defendant’s payment of KRW 15 million on June 26, 2013 and KRW 5.2 million on July 3, 2013.

C. Around July 26, 2013, the Defendant completed the instant construction work.

[Reasons for Recognition] Facts without dispute, each entry of Gap 1-9 evidence (including additional number), witness E and F's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The Defendant asserted that the instant construction work should be completed after the lapse of June 30, 2013, which was the scheduled date for completion of the instant construction work, around July 26, 2013. As seen earlier, the Defendant is obligated to pay the Plaintiff KRW 49,764,00 for delay. 2) As seen earlier, at the time of the instant construction work, the Defendant agreed to compensate for delay with the Plaintiff, and completed the instant construction work by delay 26 days (from July 1, 2013 to July 26, 2013). As such, the penalty for delay is KRW 49,764,00 (=638,00,000 x 3/1,000 x 26 days).

However, there is a problem.