1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be additionally paid in paragraph 2 below.

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows: “When the defendant commences interior interior interior interior interior interior interior interior interior interior interior construction works,” the defendant shall be changed to “when the defendant commences artificial interior interior construction works,” and the ground of the judgment of the court of first instance shall be as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the case where the clause 3(b) is used as described in the following Paragraph 2, it shall be cited as it is in accordance with the main sentence

2. Determination on the claim for liquidated damages

A. As seen earlier than the occurrence of liquidated damages, the Defendant failed to complete construction works until August 12, 2014, which is the deadline for completion stipulated in the contract, and pursuant to Article 27(1) of the terms and conditions of the contract for construction works, if the construction works are not completed within the deadline for completion, the Defendant is liable to pay the Plaintiff penalty for delay under the instant contract from August 13, 2014, the following day after the deadline for completion.

B. (i) When the contract is cancelled after the expiration of the period of completion without completion of the construction by the contractor of the relevant legal principles, the period of the penalty for delay shall be the day following the due date of completion, and the due date of the penalty for delay shall be the time when the contractor was able to complete the same building by requesting another contractor on the basis of the time when the contractor was able to suspend the construction or to cancel it due to other reasons

(See Supreme Court Decision 9Da14846, Oct. 12, 1999). The completion date of the instant construction project at the time of occurrence of the penalty for delay is August 12, 2014; thus, the penalty for delay arises from August 13, 2014, which is the following day.

Article 22(1) of the Civil Procedure Act provides that the contractor may cancel the contract even before the expiration of the term of the contract, if it is obvious that the contractor’s failure to perform the works within the agreed term of the construction is impossible due to the discontinuance or delay of the construction work.