1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 22, 2013, the Plaintiff: (a) contracted the construction of multi-family housing to the Defendant, a business operator engaged in construction and interior fishing; and (b) concluded a contract under the following terms (hereinafter “instant construction contract”).

4. Period: Commencement day of construction, January 2013, and completion day of construction, January 2013.

5. Contract amount: Value of supply of 24 million won, value-added tax separate.

6. Payment of the price;

(a) Advance payment: 20 percent within three days after concluding a contract;

(b) Construction amount: A cash payment for each floor at the time of the progress of the construction; 2) Within 24 days from the date of receipt of the object (Settlement at bank interest rate after 30 days); 11. The rate of liquidated damages for delay: 2/100/day.

B. Around September 30, 2013, the Defendant suspended the instant construction work, and around that time transferred the instant construction site to the Plaintiff, and the Plaintiff directly performed construction works on the Defendant’s sewage-oriented business and received the completion inspection on November 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the construction work was delayed for 58 days from September 30, 2013 to November 28, 2013 pursuant to the agreement on liquidated damages under the instant construction contract, the Defendant is obligated to pay 2,784,00 won for liquidated damages (=480,000 won per day delay x 58 days) and damages for delay.

B. In light of the determination, there is no evidence to prove that the Plaintiff and the Defendant had to complete the instant construction by November 28, 2013. Even if the Plaintiff and the Defendant were to complete the construction by November 28, 2013, it is difficult to discuss the liquidated damages for delay in the event that the contractor had completed the construction by November 28, 2013 after the scheduled date for completion of the construction works, and the contractor has agreed to pay damages for the number of delayed days, or where the contractor has not completed the construction due to the rescission of the contract during the construction works (see Supreme Court Decision 88∑15901, 15918 (Counterclaim) Decided September 12, 1989). The Defendant around September 30, 2013.