1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 14, 2011, the Defendant organized a joint supply and demand company with C Co., Ltd. and D representative Co., Ltd. (hereinafter “instant joint supply and demand company”) with D representative Co., Ltd., and entered into a contract for the construction of A Hospital Specialized Smoking Disease Center (construction and civil engineering) with the Plaintiff, a procuring entity, on three occasions among the contracting parties of the instant joint supply and demand contract, as a long-term continuing construction contract for a long-term continuing construction contract, and entered into three times between the contracting parties of the instant joint supply and demand company and the facility construction of the Chungcheong Regional Public Procurement Service (hereinafter “instant joint supply and demand company”). In addition, the first construction contract amount was 5,05,864,00 won, and 0.1% of the contract amount for liquidated damages was changed on February 3, 2013.

B. Some of the general conditions of the instant construction contract are as follows.

Article 25 (Compensation for Delay) (1) When the contractor (referring to the joint contractor in this case; hereinafter the same shall apply) fails to complete the construction works within the deadline for completion prescribed in the contract, he/she shall pay in cash the amount calculated by multiplying the contract price (the annual contract price in cases of a long-term continuing construction contract) by

(2) If a public official in charge of contracts accepts a completed portion pursuant to Article 29 through an inspection in cases under paragraph (1), the amount equivalent to such portion shall be deducted from the contract amount.

In such cases, the acceptance of a completed portion shall be limited to the acceptance of a completed portion of a construction work that may be divided in its nature.

Article 31 (General Damage) (1) The other party to the contract shall bear the loss to the object of the construction, the government-funded materials, the lent materials, and the third party during the performance of the contract.

However, in case of occurrence due to a cause not attributable to the contractor, the agency awarding the contract (referring to the plaintiff).