1. The Defendant’s KRW 59,794,90 for the Plaintiff and 5% per annum from March 5, 2014 to March 19, 2015.

1. Presumed factual basis

A. The Plaintiff is a social welfare foundation established to accommodate and protect children in need of protection under the Child Welfare Act.

On or around March 6, 2007, the Plaintiff: (a) purchased a new construction contract in order to construct children’s facilities (hereinafter “instant building”) on a 27m2 square meters of forest land, 27m2, Dong-dong, Dong-dong, Dong-si, Dong-si, Dong-si, Dong-dong, 214-12, 6630m2 (hereinafter “instant land”); and (b) was awarded a successful bid by the Defendant.

B. Accordingly, on April 13, 2007, the Plaintiff entered into a contract with the Defendant for the construction of the instant building by setting the construction cost of KRW 597,949,00 and the construction period of November 10, 2007 (hereinafter “instant contract”).

C. The main text of the instant contract states that the rate of liquidated damages was based on the “general terms and conditions of the contract” (Article 11). In addition, the general terms and conditions of the standard contract for private construction works, which form a part of the contract, are written without stating the rate of liquidated damages, and are written with the following purport.

Article 27 [Compensation for Delay] (1) The term "B" shall pay to "A" the amount calculated by multiplying the amount of the compensation for delay in the contract by the contract amount (hereinafter referred to as "compensation for delay") for each number of days immediately when the work has not been completed within the deadline for completion.

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 any of the following causes, the penalty for delay corresponding to the relevant period shall not be paid:

3. Where the commencement of construction has been delayed or suspended due to a cause attributable to A;

4. Where the Corporation is delayed due to any other cause not attributable to "B".

D. On October 1, 2007, the Defendant ceased construction works under the instant contract on the ground that the Plaintiff did not pay the construction cost.