1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Determination as to the cause of claim

A. On February 7, 2014, the Plaintiff: (a) ordered the Defendant to pay an amount equivalent to 0.5/100 of the construction cost per day to KRW 77,500,000 of the construction cost for construction of a single-story aggregate housing on the ground of 58 square meters in Sacheon-si (hereinafter “instant construction”); and (b) determined the construction period from February 7, 2014 to March 22, 2014; and (c) determined that the Defendant is paid an amount equivalent to 0.5/100 of the construction cost per day if the Defendant is unable to complete construction and deliver an object within the construction period, there is no dispute between the parties.

B. Comprehensively taking account of the respective descriptions of evidence Nos. 1, 1, 11, and 12 as well as the overall purport of the pleadings, the fact that the Defendant completed the instant construction and delivered an object to the Plaintiff on April 23, 2014. The fact that the period for which the instant construction was delayed is 32 days from March 23, 2014, which was the date following the date of completion of the agreement, from March 23, 2014 to April 23, 2014, is apparent.

C. Furthermore, the Plaintiff asserts that the completion of the instant construction and delivery of the object were delayed until May 17, 2014, which is the date of approval for use, or the date of completion of gas pipeline construction, or July 5, 2014, which is the date of final supply of ready-mixed concrete.

However, the evidence submitted alone bears the duty of the defendant to apply for approval on behalf of the plaintiff.

The construction of this case is insufficient to recognize that the gas pipeline was included in the construction of this case, and there is no other evidence to acknowledge this.

In addition, comprehensively taking account of the respective statements in the evidence Nos. 9 and 14-2 and 18 of the Evidence Nos. 14-2, and 18, the fact that Samcheon Co., Ltd. supplied the Defendant with 3 cubic meters of ready-mixed concrete and transported the instant construction to Sacheon City C on July 5, 2014. However, according to the respective statements in the evidence Nos. 2 and 19, it can be recognized that the Sacheon Market issued a written approval for the use of the instant building on May 13, 2014. Thus, the supply of ready-mixed concrete is for the instant construction.