1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the defendant makes a decision as to the assertion added to the grounds for appeal, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts that, as the Plaintiff completed construction works from May 18, 2015 to September 17, 2015, from the construction period of the instant construction contract (within four months from May 18, 2015, the project approval date), the construction works should be deducted from the construction cost of the instant construction works to KRW 15,249,00 for delay (=construction price of KRW 23,00,000 x 221 days x 3/100).

However, even if the Plaintiff completed the construction work after the expiration of the construction period of the instant construction project, there is no evidence to prove that the agreement for liquidated damages was concluded between the Plaintiff and the Defendant regarding the instant construction project (the subcontract construction contract (Evidence A A 2) based on which the Defendant used as the basis for calculating liquidated damages for delay was affixed only by the Plaintiff’s seal, and thus, cannot be deemed to have concluded the construction contract with the same gender as the content thereof.)

3. Thus, the plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.