1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 3, 2015, the Plaintiff obtained a construction permit for the construction of a hotel on the land of Jeju, D, and E (hereinafter “instant construction”). On October 30, 2015, the Plaintiff entered into a construction contract with the Defendant on the construction cost of 10,787,150,000 won for the instant construction work, from November 20, 2015 to February 19, 2017, setting the construction cost of 1/100 of the construction cost for liquidated damages, and paid the advance payment once a month without paying the advance payment.

The terms and conditions of the private standard contract included in the terms and conditions of the construction contract of this case and the terms and conditions of the contract are as follows.

[General Conditions in Private Standard Contracts] Article 27 (1) (1) (Defendant) shall, when the construction has not been completed within the deadline for completion, pay to Gap the amount calculated by multiplying the contract price by the rate of the liquidated damages in the contract (hereinafter referred to as " liquidated damages") for each number of days without delay.

Provided, That where a completion inspection has been delayed due to a cause attributable to A and where construction has been delayed due to any cause falling under any of the following subparagraphs, the penalty for delay equivalent to the number of relevant days need not be paid:

1. Cases due to force majeure events prescribed in Article 18;

2. Where it becomes impossible to proceed with construction works because the supply of important materials that it is impossible to use as a substitute for such material has been delayed due to a cause attributable to A;

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

4. Where construction work has been delayed due to any other cause not attributable to B, Article 31 (Cancellation, etc. of Contract A) (1) A may cancel or terminate all or part of the contract in any of the following cases:

1. Where Eul fails to commence construction even after the lapse of the period for commencement agreed upon without any justifiable ground;

2. It is impossible to complete the construction work within the completion date due to the reasons under the responsibility of B.