1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below.

1. Basic facts

A. The Plaintiff is a company that runs the business of constructing and selling commercial housing, and is a company that is established by the owners of land B in Sung-si (hereinafter “instant project site”) as a shareholder.

B. On February 11, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction of neighborhood living facilities and business facilities (hereinafter “instant officetels”) on the instant project site (hereinafter “instant construction contract”) with the content that the contract amount is KRW 6.8 billion (excluding value-added tax), the construction period from February 1, 2013 to April 30, 2014; the liquidated damages rate of KRW 1/1,000; and the construction cost shall be paid once a month to the Defendant for the payment of the completed payment and the contract amount (hereinafter “instant contract”).

The main contents of the general terms and conditions incorporated into the instant contract are as follows.

Article 27 (Compensation for Delay) (1) When a contractor fails to complete construction within the deadline for completion, he/she shall pay to the contractor the amount calculated by multiplying the contract amount by the rate of compensation for delay in the contract by the number of delayed days (hereinafter referred to as "compensation for delay").

Article 31 (Cancellation, etc. of Contract by the contractor) (1) A person who awards a contract may cancel or terminate all or part of the contract in any of the following cases:

1. Where the contractor fails to commence construction even after the lapse of the agreed commencement date without any justifiable reason;

2. Where it is evident that there is no possibility to complete the construction works within the completion date due to the reasons attributable to the contractor.

3. Where the penalty for delay has reached the amount equivalent to the contract deposit under Article 27 (1), and it is judged impossible to complete the construction works even if the contract period has been extended.

4. Where it is deemed impossible to achieve the purpose of the contract due to the contractor’s breach of the contract terms.

C. On April 10, 2013, the Defendant commenced the instant construction work and continued the construction work, and the Plaintiff on January 1, 2014 to the Defendant.