1. Of the judgment of the court of first instance, the plaintiff (a counterclaim defendant) who exceeds the money ordered to pay the counterclaim below.

1. Basic facts

A. On October 18, 2010, the Plaintiff entered into a contract with the Defendants under which the construction cost of KRW 2,967,800,000 (including value-added tax, and thereafter, increased to KRW 3,237,800,00 according to the revised contract made on April 20, 201) for the new construction of the building exclusively used for parking (hereinafter “instant building”) in the Chungcheongbuk-gun (hereinafter “instant contract”). From October 18, 2010 to March 20, 2011, the construction period of the construction period of KRW 3,237,80,000 was fixed as the payment rate for delay and KRW 1/1,000, respectively (hereinafter “instant contract”).

The main contents of the general terms and conditions of the construction contract incorporated into the instant contract are as follows.

Article 9 (Period of Construction) (1) The date of commencement and completion of construction shall be the date specified in the contract.

(3) The date of completion refers to the date the Plaintiff completed construction works and requests the Defendants to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 24 (Completion Inspection) (1) Upon completion of construction, the Plaintiff shall notify the Defendants, and the Defendants shall conduct the inspection without delay in the presence of the Plaintiff after receiving the notification, and if the Defendants fail to notify the results of the inspection within 10 days after receiving the notification of the Plaintiff, they shall be deemed to have passed the inspection on the date ten days have passed.

Provided, That where the inspection has not been completed due to force majeure, such as a natural disaster, etc., the period during which such cause exists and three days from the date on which such cause ceases to exist may be extended.

Article 27 (Compensation for Delay) (1) When the plaintiff fails to complete construction within the deadline for completion, he/she shall pay to the defendants the amount calculated by multiplying the liquidated damages (1/1,00) in the contract by the rate of liquidated damages (1/1,00) in each day of delay.

(3) The Defendants shall pay the price for delay calculated under paragraphs (1) and (2) to the Plaintiff under Article 25.