1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

1. Basic facts

A. The Plaintiff is a company established by the Plaintiff’s Intervenor, etc. (hereinafter collectively referred to as the “participating company of this case”) to create and move into a “D Project Complex” (hereinafter referred to as the “D Project Complex of this case”), for the purpose of approving practical cooperation plans under the former Promotion of Small and Medium Enterprises and Encouragement of Purchase of Their Products Act (wholly amended by Act No. 9683, May 21, 2009), the management and guidance of cooperative movement enterprises, the purchase and management of sites for cooperative movement projects, the affairs concerning the construction of sites for cooperative movement projects and the sale of lots, the affairs concerning joint factory establishment approval, the affairs concerning the construction of factories, and support affairs related to loans.

B. On September 17, 2008, the Plaintiff awarded a contract to the Defendant for the construction of the site for the instant business complex (hereinafter “instant construction”) at KRW 3,575,00,000 (including value-added tax, hereinafter the same shall apply), while setting the liquidated damages at KRW 1/1,000 per day.

C. On August 29, 2009, the Plaintiff again awarded a contract to the Defendant for the retaining wall, water tank, water supply, pent, and septic tank construction (hereinafter “the instant additional construction”) of the instant business complex in KRW 805,049,457 (hereinafter “the instant additional construction”) with the Defendant, but excluded the pents construction amounting to KRW 105,60,000 as agreed with the Defendant.

The plaintiff and the defendant set the penalty for delay at 1/1,000 per day at the time of the contract for the instant additional construction work.

On November 30, 2009, the Plaintiff and the Defendant agreed to complete the instant main construction and the instant additional construction (hereinafter collectively referred to as “instant construction”) by May 31, 2010.

E. The Defendant suspended the instant construction work on or around June 2010 without left the details of the non-construction work as follows.

Part of the sub-items Construction Costs (cost) theory, L-type measuring instruments, Manle and drainage pipes, asphalt packaging, and dricks.