1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On July 23, 2016, the Plaintiff entered into a subcontract with the Defendant for landscaping projects with the content that the Plaintiff would fix landscaping construction period as construction period from July 25, 2016 to December 13, 2017, among the new construction works of multi-family housing of KRW 9,029,875,000 for the total construction cost for the Nam-gu multi-family housing (multi-family housing 90 households) and ancillary welfare facilities (hereinafter “instant multi-family housing”) that the Defendant contracted from the Ulsan-gu Housing Association (hereinafter “instant multi-family housing”), among the construction works of multi-family housing of KRW 9,029,875,00.

Since then, the above subcontract was changed to the construction period from July 25, 2016 to April 15, 2018 after two changes, and the construction amount was changed to KRW 105,121,941 (including value-added tax).

(2) Article 2(1) of the Special Agreement provides that “The rate of liquidated damages for delay shall be 0.1% per day of the total construction amount” (hereinafter referred to as “instant contract”).

(hereinafter “Special Agreement on Compensation for Delayed Damages in this case”)

The Plaintiff completed landscaping construction under the instant contract. From August 29, 2016 to August 31, 2018, the Defendant paid KRW 49,448,100 to the Plaintiff KRW 49,48,100 as the construction cost under the instant contract five times.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 9, Eul evidence 1 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost under the instant contract (i.e., KRW 105,121,941 - 49,448,100) and damages for delay calculated at the rate of 15% per annum from September 29, 2018 to the date of full payment, which is the day following the day when a duplicate of the instant complaint was served on the Defendant.

3. Judgment on the defendant's defense

A. The Plaintiff’s summary of the Defendant’s assertion is the Plaintiff.