1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for this part of this Court’s reasoning is that the pertinent part of the reasoning of the judgment of the first instance is identical to that of the corresponding part of the reasoning of the judgment, thereby citing it as it is in accordance with the main sentence of

2. The gist of the Plaintiff’s assertion was that the instant construction was contracted by the Plaintiff for the construction period from September 24, 2016 to September 24, 2016. The Defendant failed to complete the construction even before October 24, 2017, and KRW 1,694,000 is necessary to repair due to defects in the part that the Defendant performed.

Accordingly, the Plaintiff’s cancellation of the contract for delay and claim KRW 104,983,100 (=265,780,000 x 1/100 x 395 x 16,876,480 x 395) from the total sum of KRW 1,694,00 in lieu of defect repairs, minus the unpaid construction cost of KRW 16,876,480 (=104,983,100 - 1,694,694,000 - 16,876,480).

3. Determination

(a) Compensation for delay shall accrue from the date following the date of completion of the contract, but the period of the contract shall be from the time when the contractor was able to cancel the contract due to the suspension of the work or other reasons for cancellation (not when the contract was actually cancelled) to the time when the contractor was requested to another contractor and the contractor could have completed the work; and where the work is delayed due to any reasons not attributable to the contractor, it shall

B. (See, e.g., Supreme Court Decision 96Da23306, Mar. 26, 199).

According to the above facts, the Plaintiff contracted the construction period to the Defendant until September 24, 2016, and the Defendant suspended the construction on or around June 13, 2017 without completing the construction work. In order for the Plaintiff to complete the construction by requesting another business entity, approximately 28 days are required. 1,694,000 won is required to repair defects incurred in the part performed by the Defendant. As such, the penalty for delay to be paid by the Defendant is calculated according to the agreed rate of liquidated damages calculated in accordance with the agreement rate of 290 days, adding the aforesaid 28 days from September 25, 2016 to the date of termination of construction from September 25, 2016 to the date of termination of construction by the Defendant.