1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On September 1, 2015, the Plaintiff and the Defendant entered into a construction contract with the content that the Plaintiff would enter into a contract with the Defendant on September 7, 2015, the date of commencement of construction work for constructing two multi-family housing units on the land outside Seosan-si and four parcels (hereinafter “instant construction contract”). On January 31, 2016, the date of completion, the contract amount of KRW 1,393,920,000, and the liquidated damages rate of KRW 1/100 (day) (hereinafter “instant construction contract”).

B. Under the instant construction contract, the Defendant continued construction from September 18, 2015, and obtained approval for the use of a building around June 7, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s assertion that the construction work should be completed by January 31, 2016 under the instant contract, notwithstanding the fact that the Plaintiff and the Defendant have an obligation to complete the construction work by January 31, 2016, the construction work was completed by delay on June 7, 2016 because there was no agreement on extension of the construction period or there was no unavoidable reason attributable to the Defendant. The Plaintiff is obligated to pay compensation for delay (i.e., contract amount of KRW 178,421,760 (i.e., contract amount of KRW 393,920,920,000 x 1/1000 x 128 days for delay) and delay damages.

3. In full view of the purport of the entire pleadings and arguments as to the legitimacy of the instant lawsuit, the Plaintiff and the Defendant, after the completion of the instant building, paid KRW 350,000,000 in a way that the Plaintiff pays the Defendant money directly from ELD in relation to the construction cost of KRW 430,000,000 on June 27, 2017, which is the following: (a) the Plaintiff and the Defendant paid KRW 80,00,000 by means of paying the money to the Defendant directly from ELDD; and (b) the remainder of KRW 80,00,000 by December 27, 2017.

80,000,000 won in the repayment key by December 27, 2017 shall be paid directly to C and shall be notarized.

The defendant shall deliver the documents necessary for the cancellation of the right to collateral security to EL in order to receive the above KRW 350,000,000 from EL to EL.