1. The Defendant’s KRW 277,241,452 among the Plaintiff and KRW 243,460,00 among the Plaintiff, shall be KRW 33,781,452 from October 17, 2017.

1. Basic facts

A. On December 1, 2016, the Defendant concluded a subcontract (hereinafter “instant construction contract”) with the Plaintiff and the Plaintiff, a company operating soil construction business, etc. on March 24, 2017, regarding the construction cost for the construction of complex facilities (hereinafter “instant construction”) during the construction period from March 24, 201 to July 31, 2017, after receiving a contract for the construction of new complex facilities located in Nam-gu D and one parcel of land (hereinafter “instant land”).

The main contents of the instant construction contract related to the instant case are as follows.

[Written Subcontract Agreement for Construction Works] 11. 11. The rate of liquidated damages: 0.1% [Terms and Conditions of Subcontract for Construction Works] Article 25 (Performance Delay) ① When the plaintiff fails to complete construction works within the deadline for completion as stipulated in the contract, the amount calculated by multiplying the contract amount by the rate of liquidated damages as stipulated in the contract shall be paid

(2) If it is deemed that construction works have been delayed due to the causes falling under any of the following subparagraphs, the penalty for delay shall be exempted for the relevant days:

4. Where delay is caused by any other cause not attributable to the plaintiff's liability.

7. Contract amount and settlement amount. (6) If the amount of construction work finalized on the basis of the design documents provided by the plaintiff and the defendant is different from the amount of construction work subsequently completed (excluding the matters completed at the beginning), the amount adjusted on the basis of the construction work volume shall be determined as the final contract price

B. From March 24, 2017, the Plaintiff continued the instant construction work, around September 1, 2017, and recovered from the instant construction site. Since the Plaintiff did not perform a dump construction work, the Defendant re- installed a dump subsequent to the removal of dump boards, the instant construction was completed around October 16, 2017, and the Defendant removed dump boards.