1. The Defendant’s KRW 15,093,00 for the Plaintiff and the following: 5% from February 2, 2015 to May 13, 2015.

1. The following facts can be acknowledged according to the contents of evidence Nos. 1, 2, and 3 and the purport of the whole pleadings.

① On July 21, 2014, the Plaintiff and the Defendant entered into a contract with the Plaintiff for the installation of three ton crums (three ton) factories located in Seosan-si B block until August 18, 2014; the total construction amount of KRW 43,00,000; and the amount of penalty for delay calculated at a rate of KRW 3/100 per day per annum (the Plaintiff claimed the amount calculated at a rate of 1/1000 per day; however, the rate of penalty for delay prescribed by the Plaintiff and the Defendant in the written evidence No. 2 shall be 3/100: Provided, That with respect to appropriate rate and amount of penalty for delay, the following is determined).

② On August 8, 2014, the Plaintiff paid the down payment of KRW 12,90,000 to the Defendant.

③ The Defendant did not perform the contracted construction works with the Plaintiff, and the construction work was completed on October 8, 2014 by requesting C, who is the ordering person of the construction work, to another installation company.

2. Determination on the cause of the claim

A. According to the above facts, the defendant did not perform the contracted construction even when he received the down payment from the plaintiff. Thus, the defendant is liable to return the down payment KRW 12,90,000 to the plaintiff.

B. The Plaintiff’s portion of the claim for liquidated damages is 43,809,000 won (=859,000,000 x 1/1000 x 51 days) with the Defendant’s penalty for delay.

According to the health class, Gap evidence No. 1, the total construction cost of D-Newly constructed construction, the entire construction works of this case, can be recognized as having been 859,00,000,000. However, since the price of the construction works decided by the defendant under the contract is KRW 43,00,000, it is reasonable to calculate the compensation for delay based on this, since it is the price of the construction works decided by the defendant

(Unless otherwise, if a large number of subcontractors participating in the whole project delays the construction, it shall be unreasonable to claim the compensation for delay for the total construction works in duplicate.) Then, the rate of compensation for delay shall be considered as follows.

The contract on compensation for delay shall be completed by the contractor.