1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On October 23, 2013, the Defendant concluded a contract with the Plaintiff on October 23, 2013, setting the construction cost of KRW 1,913,658,600 for the construction of the Jinju Joint Purpose Resident Center (hereinafter “instant construction”) as the construction cost of KRW 1,913,658,600, the date of commencement on October 30, 2013, and the damages rate of KRW 0.1% for delay.

(hereinafter “instant contract”). (b)

On July 18, 2014, the original and the Defendant changed the completion date of the instant contract to August 10, 2014.

C. On January 30, 2015, the Plaintiff completed the instant construction. After completion, the Plaintiff and the Defendant settled the construction cost under the instant contract as KRW 1,914,290,510.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts found above, barring any special circumstance, the Plaintiff is obligated to pay to the Defendant damages for delay due to delay of the instant construction (i.e., construction cost of KRW 1,914,290,510 x 1/1,000 x 1/1,000 x 173 days from August 11, 2014, the date following the scheduled completion date of construction, until January 30, 2015, hereinafter referred to as “Li”) to the Defendant, barring any special circumstance.

In regard to this, the Plaintiff asserted that the period for calculating damages for delay should be deemed to be October 20, 2014 (the time when a considerable period deemed necessary for the Defendant to cancel the instant contract and request another business entity to complete the instant construction work). However, the legal principle of restrictions on the termination period claimed by the Plaintiff is not applicable to the instant case where the construction work was completed by the contractor and completed by the contractor.

B. 1) The essential content of a State contract is to apply the provisions and legal principles of private law as they are, except as otherwise provided for in statutes, since there is no difference between a contract and a private person (see, e.g., Supreme Court Decision 2014Da200763, 20770, Jun. 10, 2016).