1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 24, 2015, the Defendant concluded a contract with the Plaintiff as of the contract amount of KRW 429,00,000,000 for the new construction of a factory in Kimpo C, and the expected date of commencement of the construction, March 2, 2015, and June 30, 2015, respectively.

(hereinafter referred to as the “instant contract”). (b)

According to the standard contract for private construction works concluded between the plaintiff and the defendant, if the plaintiff is unable to complete the construction works within the deadline for completion, the amount calculated by multiplying the contract price by the delayed rate (1/100 of the contract price) shall be paid to the defendant for each day of delay.

B. The Plaintiff completed the construction of a new factory in accordance with the said contract, and obtained approval for use on August 14, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1-2

2. Determination

A. There is no dispute between the parties as to the fact that the Defendant’s judgment on the Plaintiff’s claim did not pay KRW 54,945,00 to the Plaintiff the balance of the construction cost of the relevant factory construction work.

Therefore, the defendant is obligated to pay the remaining amount of KRW 54,945,00 to the plaintiff.

B. (i) The Defendant’s assertion failed to comply with the scheduled completion date as stipulated in the above construction contract, and failed to properly perform the construction work under the construction contract.

Therefore, the defendant has the damage claim in lieu of the compensation for delay and the repair of defects.

In addition, if the plaintiff's claim for the construction cost against the defendant and the defendant's claim against the plaintiff are offset against an equal amount, the plaintiff's claim for the construction cost against the defendant was extinguished

⑵ 피고의 원고에 대한 채권의 존재 여부와 범위 ㈎ 지체상금 채권 1 공사의 지체 이 사건 도급계약에 의한 준공예정일이 2015. 6. 30.임에도 원고가 2015. 8. 14. 사용승인을 받은 사실은 앞서 본 바와 같다.

Therefore, the Plaintiff delayed the completion of the instant construction from July 1, 2015 to August 14, 2015.