The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On December 21, 2018, the Defendant concluded a contract for “B” with the Plaintiff, setting the construction period of KRW 1,450,435,00 (including value-added tax) and the construction period from December 26, 2018 to April 4, 2019.

(hereinafter the above construction work refers to the instant construction work, and the said construction contract is referred to as the “instant construction contract”). B.

Since then, the Plaintiff and the Defendant concluded a modified contract that changes the construction price and construction period of the instant construction work several times.

C. In concluding the instant construction contract, the Plaintiff and the Defendant agreed to include “general terms of contract” prepared by the Defendant in the contents of the instant construction contract.

The general terms of the above contract include the following provisions:

(hereinafter referred to as “instant arbitration clause”). Article 17 (Dispute Settlement) 1) Any dispute arising between parties to a contract during the performance of the contract shall be settled through consultation.

(2) In a case where the consultation under paragraph (1) is not held within thirty days from the date on which the dispute occurred, the arbitration shall be conducted by the arbitration institution under the Arbitration Act.

Around June 12, 2020, the Defendant filed a claim with the Plaintiff for the payment of KRW 105,380,780 for delay damages on the ground that the agreed completion period has expired.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion completed the installation of “IGR type short circuit breaker” under the instant construction contract.

Nevertheless, the Defendant did not pay 34,365,625 won to the Plaintiff, claiming that the Plaintiff installed the “general short circuit breaker” rather than the “IGR type breaker.”

Therefore, the defendant should pay to the plaintiff KRW 34,365,625 and delay damages.

In addition, since the contract completion period has expired due to the reasons attributable to the defendant who is not the plaintiff, it is related to the construction of this case.