1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 30, 2016, the Plaintiff entered into a contract with the Defendant for manufacturing, selling and installing an elevator to be installed in the new construction of a building located in Busan Jung-gu (hereinafter “instant installation contract”) with the amount of KRW 33 million (including additional tax, KRW 9 million in the event of a contract deposit of KRW 19 million, KRW 3,300,000 in the event of carrying materials) and on May 30, 2016 (15 days after the entry into the main source) (hereinafter “instant installation contract”).

B. According to the instant establishment contract, the Plaintiff: (a) KRW 4950,000 on May 10, 2016; and (b) KRW 495,00 on May 17, 101; and (c) the same

7. 11.10 million won was paid respectively.

C. On August 10, 2016, the Defendant received conditional passing (if the details of the supplementary and inspection are minor matters not directly related to the safe operation of an elevator) from the Korea Elevator Safety Corporation after installing an elevator, and received a pass after supplementation on October 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6 through 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) the Defendant did not install an elevator by May 30, 2016 under the instant installation contract and received the certificate of passing an inspection from the Korea Elevator Safety Corporation on October 13, 2016; (b) KRW 4,389,00 for liquidated damages (13 days from June 1, 2016 to October 13, 2016 x 1% x 33 million x 1% for liquidated damages); (c) the damage incurred by the Defendant’s interior ceiling, floor reduction of the floor; and (c) the Defendant’s delay in installing the elevator; and (d) the Defendant’s delay in installing the elevator; and (e) the amount of damages incurred by the failure to issue the certificate of passing an inspection, including KRW 50,00,000,000,000 for liquidated damages; and

B. First of all, there should be an agreement between the parties on the liquidated damages in advance, while the agreement on liquidated damages in advance should be an agreement between the parties on the liquidated damages. However, there is no agreement on liquidated damages in the instant installation contract, and the Plaintiff’s above assertion is with merit.