1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

(f) Even though the amount calculated by multiplying only the advance payment should be deducted from the advance payment, the full amount of the advance payment was deducted from the advance payment, as described in paragraph (f) of Article 1, and the advance payment was not made on the first or third occasions as listed below, and thus, the total amount of damages for delay (= KRW 16,197,141 (= KRW 9,812,952 KRW 5,683,652 KRW 70,537) is liable to pay the total amount of damages for delay.

(1) The amount of 13,248,80,800 (350,000 x 12.6%) 13,248,812,952 x 448 days (=13,240,000 x 12.6%) x 365 days (24.24.5 x 365 days) x 448 days (24.5 x 205 days) x 365 days (24.24.5 x 205 days) x 365 days of 244,834,60,60,605 x 205 days of x 205 days of 14,833,60,600 per annum

Judgment

As seen earlier, the Plaintiff is obligated to return advance payment to the Defendant as a result of the Plaintiff’s use of advance payment in violation of the terms of advance payment under the instant construction contract. The so-called advance payment received in the construction contract is not the construction cost paid in relation to the specific period, but the construction cost paid in relation to the entire construction project. In light of this, if there were grounds for the contractor to return advance payment while the contract was rescinded or terminated after the advance payment was made, barring any special circumstances, the said advance payment falls under the final appeal of up to the time without a separate set-off declaration.