1. The Defendant (Counterclaim Plaintiff) paid KRW 7,200,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 4, 2018 to November 13, 2020.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 12, 2016, the Plaintiff and the Defendant entered into a contract for construction works with the Defendant to newly construct a four story multi-household house at the cost of KRW 480 million on the Gangseo-gu Seoul Metropolitan Government C and D’s ground (hereinafter “instant construction works”).

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B. After doing so, on October 25, 2016, Naio (Plaintiffs, F, and Plaintiffs. Defendant reported the commencement of construction on November 3, 2016, and completed the instant construction on April 27, 2017 (the instant construction was completed on December 7, 2016 to multi-household houses) and the Plaintiff obtained approval for use for the instant multi-family house on April 28, 201.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2, fact-finding results to the head of Gangseo-gu Seoul Metropolitan Government, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion was completed the instant construction project on April 27, 2017, after the lapse of 117 days from the date of the completion of the agreement on the instant construction contract (on December 31, 2016). The Defendant is obligated to pay to the Plaintiff compensation for delay 5,6160,00 won (=480,000 won of the construction contract amount x 1/1,000) per day (i.e., KRW 480,000 of the construction contract amount x 1,000), and thus, the Defendant is obligated to pay the Plaintiff compensation for delay 5,616,00 won x 117 days).

B. The Plaintiff and the Defendant agreed to pay an amount equivalent to 1/1,000 of the daily contract amount per day when the instant construction is not completed within the prescribed period, as liquidated damages. The contract amount under the instant contract for construction works is KRW 480 million, the deadline for completion is December 31, 2016, and the facts that the instant building was completed on April 27, 2017 are as seen earlier.

Therefore, barring special circumstances, the Defendant is liable to compensate the Plaintiff for delay calculated by the ratio of KRW 480,00 per day from January 1, 2017 to April 27, 2017, the date following the scheduled completion date of the instant construction.