1. The Defendant’s KRW 175,366,00 for the Plaintiff and KRW 5% per annum from March 8, 2016 to May 13, 2016.

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

3. The Plaintiff, who partially dismissed the claim for liquidated damages, sought payment of KRW 162,589,80 [the construction amount = 268,30,000 x the rate of liquidated damages x 2/1000 x 303 days (from December 1, 2014, the day following the completion date stipulated in the first contract until September 29, 2015) as liquidated damages for delay under the instant construction contract.

However, if the contract is cancelled after the deadline for completion without completing the construction work by the deadline for completion, the period of the delay compensation is the following day after the deadline for completion, and the period of completion is the time when the contractor could have completed the same building by requesting another contractor on the basis that the contractor could have cancelled the construction due to the suspension of construction or other reasons for cancellation.

(See Supreme Court Decision 200Da56112 Decided January 30, 2001). In this case, the time when liquidated damages for delay accrue is the day following the date of completion stipulated in the first contract as stipulated in the instant construction contract, as stipulated in the instant construction contract.

Since the Defendant, as the contractor, failed to complete the instant construction work by May 30, 2015, which is the date of completion stipulated in the instant construction contract, the Plaintiff was entitled to rescind the instant construction contract, and it is reasonable to deem that the Plaintiff could have completed the instant building by requesting another business entity to resume the instant construction work by obtaining a transfer of possession of the instant construction site from the Defendant from the Defendant to July 31, 2015 after the rescission of the instant construction contract.

The completion period of the above liquidated damages shall be July 31, 2015.

Therefore, the penalty for delay under the instant construction contract is KRW 130,393,800 [the construction amount = KRW 268,300,000 x the rate of penalty for delay x 2/1000 x 243 days (from December 1, 2014 to July 31, 2015];

The plaintiff's claim for liquidated damages shall be limited only to the extent of the above amount.