1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendant, which is particularly emphasized by the appellate court, as follows. Thus, this is acceptable in accordance with the main sentence of Article 420

2. Additional determination

A. The defendant's assertion that, due to the delay of the subcontracted construction of this case, the plaintiff delayed the contracted construction work, and the plaintiff changed the design in consultation with the contractor without excluding the defendant who is the contractor, thereby increasing the total construction cost. The defendant asserts to the purport that, as the plaintiff's delay of the subcontracted construction works, the compensation for delay due to the delay of the entire construction works is deducted from the compensation for delay of the construction works and denies the increase in the construction cost due to a design modification, the defendant and the ordering agent are currently pending a lawsuit

B. (1) According to the reasoning of the evidence No. 1, determination on the claim related to liquidated damages, the fact that the D Driving Institute, the contractor of the order, demanded the Defendant, who is the contractor, to deduct KRW 11,643,480 in aggregate from the liquidated damages for delay caused by the delay of the entire construction, can be recognized.

However, as stated in the reasoning of the judgment of the court of first instance cited in this judgment, compensation for delay caused by delay of the instant construction shall be deemed 65,964 won corresponding to 6 days in delay of the instant construction in accordance with an agreement between the Plaintiff and the Defendant (i.e., 6 days x 109,494,000 won in construction cost x 1/1000). Even if the entire construction, including subsequent progress due to delay of the instant construction, was delayed as alleged by the Defendant, even though the Plaintiff and the Defendant did not have agreed to pay compensation for delay due to delay of the entire construction, it shall not be deemed that the Plaintiff is liable to compensate for delay caused by delay of the entire construction, unless the agreement between the Plaintiff and the Defendant

(2) The assertion of design change related to this case.