1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 21, 2015, the Plaintiff received a contract from the Defendant for the remodeling of “D Hotel” located in Gangnam-gu Seoul Metropolitan Government C (hereinafter “instant construction”) for the construction cost of KRW 335,500,000 (including value-added tax and the remainder of KRW 10 percent after the completion of construction) and the construction period from September 21, 2015 to November 15, 2015.

B. On October 2015, the Plaintiff was additionally awarded a contract with the Defendant for construction work to change three rooms of the seven-storys of the above hotel from the Defendant to two special rooms, and for construction work to the upper part of the parking lot (hereinafter “instant additional construction”).

C. On December 8, 2015, the Plaintiff agreed with the Defendant that “the instant additional construction cost shall be KRW 31,900,000 (including value-added tax) and the date of completion shall be extended to December 14, 2015, and where the issue of deficiencies, defects, etc. occurs after December 14, 2015, the Plaintiff shall pay the Defendant delayed compensation at the rate of KRW 31,900,000 of the total construction cost (hereinafter “instant agreement”). On the same day, the Plaintiff received payment from the Defendant of KRW 31,90,000 for the instant additional construction cost.

Until December 16, 2015, the Plaintiff completed the instant construction and the instant additional construction with the exception of each work set forth in [Attachment 2] Nos. 1 through 15, including the repair work of rooftop building, the installation work of a camera, the work of attaching a water tank and a water pressure duct, the work of installing rooftop signboards, etc.

E. However, on December 22, 2015, the Defendant notified the Plaintiff that “the instant construction project and the instant additional construction project (hereinafter “each of the instant construction project”) was not completed until the completion date, and the instant construction contract is terminated on the grounds that the defect repair performance bond was not issued.” From that time, the Defendant discontinued the said hotel entrance from that time, obstructed the Plaintiff’s employees’ access to the construction site, and performs finishing construction through another construction business operator, and on the other hand, the Seoul Northern District Court against the Plaintiff on January 7, 2016.