1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 23, 2015, the Plaintiff (contractor) entered into a multi-household construction contract with Defendant (contractor) and Seoul Special Metropolitan City Nowon-gu (hereinafter “instant construction”). The main contents are as follows.

Construction period: Contract amount of 4 months after the boundary surveying (1/100 per day): 170,000,000 (excluding value-added tax): Contract deposit: 30% (51,00,000), 30% (51,00,000), 30% at the time of completion permission, 30,000,000 when completion permission, and 38,000,000,000 at the time of the bank contract;

B. The boundary surveying stipulated in the “construction period” under the instant construction contract was completed on April 14, 2015.

C. The Plaintiff paid KRW 102,00,000 to the Defendant as the instant construction cost.

However, the Defendant failed to complete the construction by August 14, 2015, which is the date of completion of the instant construction agreement, and suspended the construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the claim is that (i) the Plaintiff filed a claim against the Defendant within the scope of KRW 56,100,000 for liquidated damages from August 15, 2015 to April 30, 2016 (i.e., KRW 170,000,0000 x 330 days x 1/1000 x 56,040,000 for liquidated damages, which the Plaintiff sought against the Defendant; (ii) the actual number of days during which the period for calculating the aforesaid liquidated damages is calculated is 260 days, and even according to the Plaintiff’s calculation method, the liquidated damages are 44,20,000 won.

D. 80,000 won (=500,000 won x 48 days from August 15, 2015 to October 1, 2015) equivalent to the monthly rent that the Defendant promised to make a verbal payment ± 30 days).

B. (1) In the event that the contractor’s failure to complete the construction within the deadline for completion and the completion of the construction is delayed as a result of the termination of the contract, the compensation for delay shall accrue from the date following the date of completion of the contract; however, the contractor may suspend the construction or cancel the contract for the construction due to other reasons for cancellation.