1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Facts of recognition

On March 15, 2017, the Plaintiff entered into a contract with the Defendant for D New Construction Project Co., Ltd. (hereinafter “instant construction project”) located in C from the Defendant (hereinafter “instant construction project”) with the amount of KRW 704,00,000 (including value-added tax; hereinafter the same shall apply) for the construction cost of KRW 924,00,000 on March 31, 2017, the construction cost was changed to KRW 924,000, and the construction cost was paid at the time of filing a claim for the construction cost). The Plaintiff entered into a contract with the Defendant for the completion of the completion of the construction project on June 24, 2017, with the agreed rate of KRW 1/1,00 for liquidated damages, and with the terms and conditions of the private construction project agreement

Provisions of general terms and conditions of a private construction contract shall be as follows:

(A) Article 30 (1) (1) If the construction work is not completed within the construction period, Eul shall pay to Gap the amount calculated by multiplying the contract amount by the rate of liquidated damages (1/100) on the contract by the number of days delayed for each day when the construction work is not completed.

Provided, That where a completion inspection has been delayed due to a cause attributable to A and where the construction has been delayed due to a cause falling under any of the following subparagraphs, the penalty for delay equivalent to the relevant days need not be paid:

3. Where the commencement of construction has been delayed or suspended due to causes attributable to Party A;

4. Where any construction work has been delayed due to any other cause not attributable to B, Article 37 (Right of simultaneous Performance of Claims B) (1) In case where A delays in the payment of advance payment and completed portion under the contract terms and conditions of the contract, and where A fails to pay it even though he urged the payment thereof, he may notify A of the suspension period of construction and suspend all or part of the construction work temporarily.

(2) The period of suspension of works under paragraph (1) shall be excluded from the construction period in calculating liquidated damages.

(3) A shall pay expenses incurred in the suspension of construction works referred to in paragraph (1) to B, and Eul shall pay expenses to him/her for any damage incurred in the suspension of construction works.