1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

1. Basic facts

A. The Plaintiff is a village development cooperative established by the faculty members of Gyeongbuk-do University in order to create a village with 114 households as part of the “living environment improvement project” in the Rearrangement of Agricultural and Fishing Villages Act on the land of 218,473 square meters in Mari-ri, Mari-ri, Mari-ri, Mari-ri, Ma-ri, Ma

B. On January 31, 2012, the Plaintiff entered into a contract with E.S. Construction Co., Ltd. (hereinafter “E.”), stating that “I.S. shall enter into a contract with E.S. Housing Co., Ltd., Ltd. (hereinafter “E.”) on the development of the village for all staff members of E.S. (hereinafter “I.”), the construction cost of KRW 15.3 billion (excluding value-added tax), the construction period of KRW 15.3 billion (excluding value-added tax), and the period of construction from January 31, 2012 to June 30, 2013, and the Defendant jointly and severally guaranteed E.S.’s obligation to the Plaintiff.

The contract is included in the terms and conditions of the construction contract and the "special terms and conditions of the construction contract" used in the government-funded construction contract, and the main contents thereof are as follows:

(Evidence A 1) 【Terms and Conditions of the Contract for First Works】

1. General conditions of the construction contract;

(a) Compensation for delay: If the other party to the contract (hereinafter referred to as "Esal") fails to complete the construction within the deadline for completion prescribed in the contract, it shall pay in cash the amount calculated by multiplying the contract amount by the rate of liquidated damages (1/1,000) prescribed in the contract by the number of days every delay;

(General Conditions, Section 1). (b)

Rescission or termination of a contract: A contracting officer (hereinafter referred to as "Plaintiff") may cancel all or part of the contract in question where "if the construction is not completed or is deemed unlikely to be completed by the deadline for completion due to a cause attributable to the contracting party".

(General Conditions Article 44(1)2. 2. Payment of the advance payment under special conditions for the construction contract: The Government of the Accounting Rules except as otherwise provided in the relevant Acts and subordinate statutes.