1. The plaintiff's claim is dismissed.

2. The plaintiff shall bear the litigation costs.

1. Basic facts

A. The Plaintiff is a company engaged in housing construction business, general construction and construction business, etc., and the Defendant is a company engaged in construction business, real estate sales business, real estate construction and execution business, etc.

B. On September 7, 2015, the conclusion of the construction contract and the commencement of the construction contract entered into with the Defendant on September 7, 2015, and the Defendant entered into a construction contract with the Defendant on the 1st basement floor and 16th floor accommodation facilities on the 16th ground (hereinafter “instant building”) with the Plaintiff (hereinafter “instant construction contract”). Thereafter, the construction contract entered into two times as indicated below.

(2) The term “instant contract for construction works” refers to the term “instant contract for construction works.” The first modified contract, which was concluded on February 12, 2017, where there was no amount of KRW 15,400,000 (including value-added tax) for the first time from the date of commencement of construction works on September 7, 2015 to the date of commencement of construction works on February 12, 2017.

Two months from the completion date of the short-term completion plan (2 months from October 30, 2017) shall be promised not to impose the penalty for delay.

15,950,00,000 won (including value-added tax) for each day of delay shall be 1/1,000 of the daily contract amount per 1/1,000 of the second revised contract for each day of delay until October 10, 2017.

The agreement that does not impose penalty for delay for a period of two months in the existing contract form shall be deleted.

1/1,000 of the daily contract amount per day from October 31, 2017 to October 31, 2017

C. On December 7, 2016, the Plaintiff and the Defendant under a monetary loan agreement, and the Plaintiff lend KRW 3,500,000,000 to the Defendant (hereinafter “instant loan”) as follows. Article 1 (Lease Fee) that the Plaintiff lends KRW 3,50,000 to the Defendant on December 7, 2016.

Article 2 (Repayment Date) The repayment date of the borrowed money shall be two months after the completion of the instant construction work.

Article 4 (Interest or Damages for Delaying Damages) No interest shall accrue until two months after the completion of the construction of this case, and interest shall accrue at 12% per annum from the two months after the completion of the construction of this case.