1. The Defendant (Counterclaim Plaintiff) paid KRW 12,795,627 to the Plaintiff (Counterclaim Defendant) and its related amount from March 16, 2016 to June 20, 2018.

1. Basic facts

A. On October 14, 2014, the Plaintiff entered into a contract under which the construction work for construction of light-weight housing (hereinafter “instant building”) was made on the ground B at Jeju-si (hereinafter “instant construction work”) with the Defendant, setting the construction cost of KRW 178,00,000 and the construction period of KRW 178,00,000, and the contract for construction (hereinafter “instant contract”).

After that, on February 5, 2015, many contracts were added, and the construction cost was changed to KRW 300,000.

B. On February 12, 2015, the Defendant commenced the instant construction work and performed the instant construction work by June 25, 2015.

The completion inspection on the instant building was conducted around August 20, 2015.

C. On October 14, 2014, the Plaintiff paid KRW 300,00,000 to the Defendant, including the payment of the remainder of KRW 30,000,000 on June 11, 2015, and the payment of KRW 30,00,00 for construction work from October 14, 2014 to June 11, 2015.

Article 20 (Performance Delay) Subparag. 1 of the instant contract provides to the effect that “A (Defendant) shall pay A (Plaintiff) the amount calculated by multiplying the contract amount by the rate of the liquidated damages for delay for each number of days immediately when the construction work has not been completed within the deadline for completion: Provided, That this shall not apply where delay is delayed due to any other cause not attributable to B (Article 20).”

The specific provisions or agreements on the rate of liquidated damages shall not be seen as applicable to the calculation of liquidated damages under the contract of this case.

E. Article 16 of the instant contract provides that “If it is necessary to adjust the contract amount due to the amendment to the terms and conditions of the contract, the contract amount shall be adjusted by an agreement between the parties on the basis of the actual cost for the amendment.”

[Ground of recognition] Gap evidence Nos. 1, 2, 10, 12, Eul evidence Nos. 1, 3, 4, and 7, and the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion ① The defendant of this case.