1. The Defendant (Counterclaim Plaintiff) paid KRW 174,534,320 to the Plaintiff (Counterclaim Defendant) and its related amount from December 3, 2014 to November 16, 2015.

1. Facts of recognition;

A. On May 24, 2013, the Plaintiff concluded a contract with the Defendant on March 31, 2014, with the construction cost of KRW 1,235,00,000 for a religious facility site of 10 ground church buildings (hereinafter “instant construction”) in Mapo-gu Seoul Mapo-gu Seoul Metropolitan City urban renewal acceleration district, and the completion plan for a project for a completion of a project as of March 31, 2014, which is ten months after the date of receipt of the completion

(hereinafter “instant contract”). (b)

However, according to the agreement with the Plaintiff, the Defendant commenced construction on August 7, 2013, and completed construction on December 2, 2014, and delivered the building to the Plaintiff. The Plaintiff obtained approval for use of the building from the competent Gu office on December 22, 2014.

C. Under the instant contract, the rate of liquidated damages arising from delay in the construction site was 1/100 of the contract amount.

[Recognition] Facts without dispute, each entry in Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the main claim

A. (1) According to the above facts, the Defendant failed to complete the instant construction works within the time limit stipulated in the instant contract for construction works.

Therefore, there is a duty to pay compensation for delay under the provisions of the instant contract. As such, 134 days calculated by deducting 44 days from January 4, 2014 to February 16, 2014, the Plaintiff approved the discontinuance of construction from the 178 days of delayed delivery of the building from June 7, 2014, which is the scheduled date of the completion of construction, until December 2, 2014, the penalty for delay equivalent to 165,490,000 won (134 days x 134 days x 1,235,000 won x 1/1000 x 1,000 won x 28,05,680 won for delay, the Defendant is obligated to pay the Plaintiff compensation for delay from the aforesaid liquidated damages. Accordingly, if it is deducted from the penalty for delay, the Defendant is obligated to pay the Plaintiff the penalty for delay to the Plaintiff.

(2) As to this, the Defendant agreed not to claim for the liquidated damages, the Plaintiff alleged that the claim for the liquidated damages is groundless, but corresponding to the claim No. 6 and No. 2.