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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On January 2014, the Plaintiff asserted that the Plaintiff divided the instant land into A, B, and C block, and drafted part of the planning drawing and implementation drawing for each block, upon receiving a contract from the Defendant for the division of B 6,664 square meters, C 4,992 square meters, and D 681 square meters of land (hereinafter “instant land”) and for the design service of the building on the said ground, prior to the partition from the Defendant, Seoul Special Metropolitan City, which was subject to a contract. On April 2014, the Plaintiff suspended work upon receiving a notification of the suspension of work from the Defendant.
The base rate of the instant service work is 67%, and the design cost is 50,000 won per ordinary plane. Thus, the Defendant is obligated to pay to the Plaintiff the design cost of KRW 134,00,000 calculated as design cost of KRW 50,00,000, calculated as design cost of KRW 200,000, KRW 67%, and delay damages for the design cost of KRW 134,00,000.
B. The Defendant asserted that the Defendant did not conclude a contract for the division of the land of this case and the design service contract for the building on the ground thereof with the Plaintiff, and the Plaintiff merely cooperateed with the Defendant without compensation in the division of the land of this case to receive design service contract from the Defendant
2. For the purpose of the conclusion of a contract, in order to ensure that there is an objective agreement between the parties to the agreement and that there is an objective agreement, all of the matters expressed in the parties’ declaration of intent should be the same. On the other hand, even though it is not a "material fact" and an objective element of the contract, when the parties expressed their intent to be the requirements for the formation of the contract with significant significance, the contract is lawful and effective only when there is an agreement with regard thereto.
In addition, an offer, which is a legal requirement for the formation of a contract, must be specific and conclusive that the contract is concluded immediately if the offer accepts the offer. Therefore, it is necessary to include matters to the extent that the contents of the contract can be determined.
Supreme Court Decision 2003. 203