The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is to pay KRW 5,752,500 to the Plaintiff (Counterclaim Defendant) and to November 25, 2020.

1. Basic facts

A. On May 29, 2017, the Plaintiff contracted the Defendant with the “Civil Works Works” among the Construction Works of the Ground C Construction Works in Seongbuk-gun, Seongbuk-do. (hereinafter “instant Civil Works Works”).

The Plaintiff and the Defendant respectively stated the contract price of KRW 330,00,000 (including value-added tax) and the construction period from June 30, 2017 to August 30, 2017, respectively, as the rate of liquidated damages per day 0.3%.

B. On September 20, 2017, the Plaintiff contracted the Defendant with “the floor and drainage works (hereinafter “the instant floor and draining works”) among the construction works for the construction works for the upper village.”

The Plaintiff and the Defendant respectively stated the construction price of KRW 295,00,000 (including value-added tax) and the construction period from September 20, 2017 to October 30, 2017 in the above contract, respectively.

C. As a result of the dispute between the Plaintiff and the Defendant, the instant civil engineering works, floor and drainage works were delayed, the Plaintiff re-contracted each of the said works to another construction business entity.

On April 2, 2018, the instant civil engineering works by other construction business operators were completed on or around November 13, 2017 by the floor and drainage works of this case.

On April 16, 2018, the Plaintiff notified the Defendant of the purport that the contract for civil works, floor and drainage works in the instant case will be rescinded due to the Defendant’s delay of performance, and the Defendant was served at that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 3, 4 and 9 (including serial numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. The Defendant asserted that the Plaintiff did not complete the civil engineering works, floor and drainage works of this case even after the lapse of the agreed completion date.

Compensation for delay in relation to the instant civil works is KRW 211,860,000 (i.e., construction cost of KRW 330,000,000 x the number of delayed days from September 1, 2017 to April 2, 2018 when another constructor completed the construction work from September 1, 2017 to April 2, 2018). Compensation for delay in relation to the instant floor and drainage works shall be KRW 11,505,00 = the compensation for delay in relation to the instant construction works.