1. The plaintiff's claim is dismissed.

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

1. On August 15, 2014, the Plaintiff entered into a contract with the Defendant on the modification of the terms of the contract for the construction cost of KRW 345 million, the construction period, from August 15, 2014 to August 10, 2015, setting the rate of compensation for delay at 0.1%.

The Plaintiff obtained approval for the use of the instant building on October 12, 2015.

The remainder of the construction cost that the Plaintiff did not pay to the Defendant is KRW 9,266,660.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. The Plaintiff’s assertion that the construction of the instant construction was completed on October 12, 2015 by delaying the deadline for the completion of the construction agreement and completing the construction of the instant construction on October 12, 2015, the Defendant should pay the penalty for delay of KRW 21,735,00 (=345 million x 0.1% x 63 days).

Since the Defendant, during the instant construction work, has failed to construct the joint walls, gates, air conditioners, and internal walls, it shall return to the Plaintiff the construction cost of KRW 29.60,000 corresponding to the non-construction portion.

Since a large number of defects, such as drainage defects, have occurred in the instant construction works executed by the Defendant, 25,375,319 won should be paid to the Plaintiff as the repair cost.

The Defendant, without the Plaintiff’s consent, arbitrarily expanded underground warehouses and the Guates and received additional expenses from the Plaintiff. Therefore, the Defendant should return the additional construction cost of KRW 60.10,000.

Therefore, the Defendant shall pay to the Plaintiff the sum of KRW 83,080,319,000,000,000,000,000,000,000 won. If the Plaintiff deducts the unpaid construction cost from the above amount, the Defendant shall pay the remainder of KRW 73,813,6

3. Determination

A. The criteria distinguishing between the incomplete completion and the defect in the construction of a new building with respect to the liquidated damages for delay shall be deemed to have been completed if the construction has not completed the last process scheduled to be interrupted during the course of the construction. However, the main structure shall be the final process scheduled to be completed and the main structure shall be the same.