1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount which orders payment below.

1. In full view of the purport of the argument in the evidence Nos. 1 and 3 as a whole, the Plaintiff entered into a construction contract with the Defendant on July 7, 201 with respect to construction works of the fourth floor on the land in Ulsan-gu, Ulsan-gu, the Plaintiff owned by the Plaintiff, for the construction period of KRW 370,000,000, and six months from the commencement date of the construction period for the construction period, and thereafter, the Plaintiff and the Defendant specified the construction period of December 16, 201 as March 10, 201, and the Defendant agreed to pay the compensation for delay of KRW 1,00,000 per day if the Defendant delayed the construction period (hereinafter referred to as the “instant agreement”), and the Defendant may recognize the completion of the construction work on May 17, 2012.

According to the above facts, since the defendant delayed construction, it is obligated to pay liquidated damages to the plaintiff in accordance with the agreement of this case.

I would like to say.

In this regard, the defendant asserts that the plaintiff's above claim for liquidated damages was extinguished by offsetting or offsetting the construction cost with the claim for construction cost filed by the defendant against the plaintiff.

In full view of the purport of the pleadings as a whole, the defendant filed a lawsuit against the plaintiff for payment of KRW 72,00,000 as the Ulsan District Court 2012Da30143 with the Ulsan District Court 2012Gadan30143. The plaintiff alleged in the lawsuit above that the compensation for damages caused by defects and the compensation for delay should be deducted from the construction cost. On December 7, 2012, it is recognized that the mediation was made by the plaintiff as the payment of KRW 17,00,000 for the construction cost to the defendant on December 7, 2012.

However, in order for the Plaintiff’s claim for delay to be extinguished after deduction or set-off with the claim for construction price in the above lawsuit, the Plaintiff’s claim for delay is specified in the mediation clause or the column for indication of claim in the above construction cost case, and it is the subject matter of lawsuit in accordance with the contents of the mediation protocol.