1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 20, 2007, the bankrupt A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) concluded a contract with the Defendant and Gwangju-si D Ground Factory (hereinafter “instant building”) on the following terms: (a) the construction cost of KRW 340,000,000 for the new construction of the instant building; (b) February 27, 2017; (c) the date of commencement; (d) June 20, 2017; and (e) the date of completion of the scheduled completion of the construction; and (e) the rate of delay penalty of KRW 1/00 of the total construction cost per day;

(hereinafter “the instant construction contract”). (3) The date of completion refers to the date the Plaintiff Company completes construction works and makes a written request for a completion inspection to the Defendant.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 19 [Adjustment of Contract Amount Due to Modification of Design] (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when installation of additional facilities is required due to a modification of the project plan, etc., the defendant shall modify the design.

(2) Where the volume of construction works increases or decreases due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall be extended or shortened

(1) When the plaintiff company fails to complete the construction within the deadline for completion, the amount calculated by multiplying the contract amount by the rate of the liquidated damages for delay in the contract (hereinafter referred to as " liquidated damages for delay") shall be paid to the defendant for each number of days without delay.

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

3. Where the commencement of construction has been delayed or suspended due to reasons attributable to the defendant;

4. The Corporation shall delay due to any other cause not attributable to the liability of the Plaintiff Company.