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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 assertion and judgment
A. On May 26, 2014, the Plaintiff concluded a contract with the Defendant for the construction cost of KRW 99 million and performed part of the construction work accordingly. However, due to the Defendant’s unilateral rescission of the contract, the Defendant suffered damages equivalent to KRW 40 million, which is the cost of construction up to the time, and thus, the Defendant is liable to compensate the Plaintiff for damages equivalent to the said amount.
Preliminaryly, even though the Defendant granted a legitimate expectation or trust that the contract will be concluded in the negotiation stage for the conclusion of the machinery and equipment construction contract to the Plaintiff, and the Plaintiff paid the above KRW 40 million with the construction cost according to its trust, the Defendant refused to conclude the contract without justifiable grounds, and incurred damages equivalent to the above amount due to such tort, and the Defendant is obliged to compensate the Plaintiff for damages equivalent to the above amount.
B. In order to establish a judgment contract as to the primary argument, in order to ensure that there is a need for the objective agreement between the parties and the objective agreement, all the matters expressed in the parties’ declaration of intent should be the same. On the other hand, even though the contents of the contract are not "important" and the objective elements 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 the parties expressed their intent to be the requirements for the formation of the contract.
In addition, if an offer, which is a legal requirement for the formation of a contract, accepts the offer, it should be specific and conclusive that the contract is concluded immediately, and the offer should include matters to the extent that it can determine the contents of the contract.
Supreme Court Decisions 92Da29696 delivered on October 13, 1992, 93Da32507 delivered on October 22, 1993, 97Nu14132 delivered on November 27, 1998, and 2001Da53059 delivered on April 11, 2003, etc.