The defendant shall pay to the plaintiff KRW 2,505,815 as well as 6% per annum from June 22, 2016 to October 17, 2017.

Basic Facts

The plaintiff is operating a vehicle maintenance business in the trade name of "C".

The defendant is a juristic person established for the purpose of building work business, civil engineering work business, interior fishery, etc.

On August 10, 2015, the Plaintiff concluded a construction contract (hereinafter “instant contract”) with respect to the construction work of the “construction work of a motor vehicle maintenance plant” on the Dob Blue ground (hereinafter “instant construction work”).

The main contents of the instant contract are as follows.

The commencement date: The completion date on August 20, 2015: December 20, 2015; on the other hand, on the schedule of work scheduled to be completed submitted by the defendant to the plaintiff, the completion date is written on November 20, 2015.

The contract amount: The period for warranty liability for defects of KRW 1,639,00,000 (including VT): the construction amount 】 the number of delayed months 】3% (one day 】 1/1000) (Provided, That the rate of liquidated damages shall not exceed two months) of the general conditions for the construction contract / [Compensation for delay] Article 22 of the general conditions for the construction contract / [1] the amount calculated by multiplying the contract amount for liquidated damages by the rate for liquidated damages (hereinafter referred to as "compensation for delay") for each number of delayed days when the construction has not been completed within the deadline for completion.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or other reasons not attributable to "B (Defendant)".

Around December 12, 2015, the Plaintiff and the Defendant entered into a modified contract, and entered into a modified contract to partially revise the terms and conditions of the instant contract and to recognize additional construction works.

Among the contents of the instant modified contract, the issues of the instant case are as follows.

(Amendment and Additional)Agreements.

1. Extension of construction completion period: Where it is impossible to use it as an objective assessment due to the completion of construction work (the completion of construction work has been known to the regular schedule) on December 20, 2015 to prevent interference with the use thereof on December 20, 2015;