1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. With respect to this part of the basic facts, this Court shall state the following reasons: “from July 6, 2012 (Commencement of Construction) to September 10, 2012 (Completion)” of the 2nd 11st th e-mail of the judgment of the court of first instance as “from July 26, 2012 to September 10, 2012 (Completion)”; “The Plaintiff issued and delivered an electronic bill to the Defendant on September 27, 2012 at face value of 24,725,00, and maturity of 20,000 to November 2, 2012; “The foregoing electronic bill was issued and delivered to the Defendant on September 27, 2012 with face value of 24,725,000; and each of the above electronic bill was delivered at face value of 20,010,010,000 won and attached 20,012.”

2. Determination on the cause of the claim

A. According to the facts acknowledged prior to the compensation as a substitute for the repair of the non-construction defects, the defendant is obligated to pay to the plaintiff 20,352,490 won and damages for delay as a substitute for the repair of the non-construction defects in the construction work of this case.

B. 1) Compensation for delay occurs from the following day of the agreed completion date, and the completion period is not the time when the contractor actually cancelled due to the suspension of construction or other causes for cancellation, but from the time when the contractor could have cancelled it, the period from the time when the contractor requested another business operator to the time when the contractor could have completed the construction (see, e.g., Supreme Court Decision 95Da38066, Feb. 24, 1998). 2) Based on the above legal principles, first, the time of the occurrence of compensation for delay is examined as to the time of the occurrence of the penalty for delay, and the defendant shall be stated in the contract when the contract was not completed within the agreed construction date.