1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The summary of the Plaintiff’s assertion (1) around October 2014, when the Defendant was awarded a subcontract for water erosion repair works for the D Dam in Cheongsong-gun C (hereinafter “instant dam”) located in Cheongsong-gun C from Hyundai Construction Co., Ltd. (hereinafter “Nung-gun”), the Defendant requested the Plaintiff to make a estimate regarding the smuggling injection works, and the Plaintiff accordingly, the same month.

7. The Defendant calculated 450,000 won per hole with regard to the price for sealed injection construction, and delivered a written estimate for total construction cost of KRW 162,498,00,000, and the Defendant submitted it to Hyundai Construction to conclude the subcontracted construction. ② After which, on February 23, 2015, the Defendant requested the Plaintiff to perform the said subcontracted construction work, and accordingly, the Plaintiff performed the said construction work, including smuggling up to 390,00 in total, from February 26, 2015 to April 3, 2015; ③ there was no fact that the Defendant had determined the construction cost to the Plaintiff at the time of the execution of the said construction work; ④ even if the construction cost is calculated by settling actual expenses claimed by the Defendant, the construction cost ought to be paid according to the said written estimate for construction contract between the Defendant and the unit price at the time of execution.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 34,750,00,000 (=25,000) x 200,000 (i.e., unit price of KRW 450,000 in the foregoing estimate - unit price of KRW 200,000 in material cost - 200,000 in equipment rent - 50) out of the total construction cost of KRW 39,750,00 [ = 265 public water supply construction x 150,000] paid by the Defendant.

2. Determination

A. In order to establish the relevant legal principles, there is a need for the objective agreement of several conflicting declarations between the parties, and there is an objective agreement.