1. The part concerning the claim for the delayed payment of the lawsuit in this case shall be dismissed.

2. The defendant is charged with KRW 50,000,000 to the plaintiff.

1. If ex officio determination as to the claim for the payment of delayed compensation ex officio, a lawsuit for future performance with respect to the claim for the payment of delayed compensation among the instant lawsuit is lawful, the legal and de facto relationship, which serves as the basis for the claim, exists at the time of the closing of argument, and such situation should be anticipated to continue.

(See Supreme Court Decision 95Nu4902, 4919 Decided November 11, 1997). In this case, the health care unit and the Plaintiff sought payment of delayed performance compensation calculated at the rate of KRW 120,000 per day from March 16, 2016 to the date the instant judgment is rendered, on the condition that the Defendant did not perform the duty of water supply work among the construction contract under the attached Table.

However, the Plaintiff may seek payment of delay compensation in the event that the Defendant delays the construction of the actual waterworks, but the Defendant sought payment of delay compensation in advance on the condition that the Defendant continue to perform the construction of the waterworks until the date the judgment of this case is rendered. Thus, the Plaintiff’s claim for this portion is unlawful as it does not require a prior claim.

2. Determination on the claim for monetary payment

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;

3. In conclusion, the part concerning the claim for the payment of delay compensation among the lawsuit in this case is unlawful and dismissed. The plaintiff's claim for payment of money is partially accepted within the scope of the above recognition. The remaining claims are dismissed as it is without merit. One-half of the costs of lawsuit are borne by the plaintiff, the remainder is borne by the defendant, and the provisional execution is decided as per Disposition by applying Article 213 of the Civil Procedure Act