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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 8, 2014, the Plaintiff entered into a construction contract with the Defendant for the construction of the construction of the instant building with the Gwangju Mine-dong 949 ground water reservoir (hereinafter “instant building”) (hereinafter “instant construction contract”).
The main contents of the instant contract are as follows.
[Matters concerning the Corporation]
4. Date scheduled for completion: 13 months from the date of approval on the starting date.
5. Contract amount: KRW 11,00,000,000,000,000,000,000,000 won per day: 0.1% [General Conditions for Construction Contract] / [1] Article 27 / [1,00,000] (1) “B (the defendant; hereinafter the same shall apply] shall pay to “A” the amount calculated by multiplying the contract amount by the rate of the penalty for delay on the contract basis by the number of days every delay when the construction is not completed within the completion period.
Provided, That where a completion inspection has been delayed due to a cause attributable to "A" and where the construction has been delayed due to a cause falling under any of the following subparagraphs, compensation for delay equivalent to the number of relevant days shall not be paid:
(3) A shall set off the penalty for delay calculated under paragraphs (1) and (2) against the payment of the price for delay paid to “B” under Article 25.
B. After entering into the instant contract, the Plaintiff and the Defendant: (a) concluded each of the following modification contracts (hereinafter “instant 1 to 6 modification contract”) at least six times, according to the sequences set forth below.
No. 14,860,000 won (excluding value-added tax) 1 B as of February 2, 2015, No. 2 A as of April 29, 2015, No. 3 as of April 14, 2016, May 15, 2016, No. 15,360,000 won (excluding value-added tax) 1 as of the date of completion of the contract for the amendment of evidence No. 1 as of January 7, 2016, No. 3 as of April 15, 2015, No. 1360,000 from the date of approval for the commencement of the period from January 7, 2016, No. 1360,000 won.