1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked.

The defendant is against the plaintiff.

1. The reasoning of this court's explanation is as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (b) and (c) of the judgment of the court of first instance:

2. Parts to be dried;

B. (1) On August 27, 2012, the Plaintiff’s assertion against the claim for construction cost equivalent to the liquidated damages that the Defendant deducted by the Defendant (hereinafter “instant settlement agreement”) reserved the payment of the remainder to the Plaintiff, while making a settlement agreement with the Plaintiff (hereinafter “instant settlement agreement”), as seen earlier, KRW 139,586,567 for liquidated damages (i.e., the number of delayed 42 days x the amount of final settlement agreement x KRW 3,323,489,695 x the amount of final settlement agreement x the amount of KRW 0.01 and the amount less than KRW 0.01 and the amount of less than KRW 00 under Article 8 of the instant construction contract

However, the failure of the Plaintiff to observe the construction contract term is due to the delay and unexpected rainfall due to the Defendant’s design modification, and thus, the Plaintiff’s fault is not the Plaintiff’s fault. Therefore, the Defendant is liable to pay the Plaintiff the construction cost and the delay damages.

(2) Under the judgment, first of all, the occurrence and scope of the penalty for delay shall be determined and the damages for delay shall be determined together with the following paragraphs.

(A) From January 26, 201 to April 19, 2012, the construction period of the instant construction contract (Evidence A No. 1), the contract amount of KRW 3,445,98,000, and the contract amount of the liquidated damages for delay was determined by 1/100 of the contract amount. Article 8 of the General Conditions of the Construction Contract provides that “The amount of the liquidated damages for delay shall be deducted when the contract amount for the monthly fixed amount of at least 1/100 of the monthly fixed amount for the one day of delay is paid, but the Defendant may be exempted if it is deemed inevitable due to a natural disaster or other force majeure, but the Defendant obtained approval for the use of the instant building on May 24, 2012, and thereafter made a final conclusion under the instant settlement agreement.”