1. The plaintiff's claim is dismissed.

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

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, such as smuggling injection, etc., and accordingly, the Plaintiff performed the said construction work; ③ there was no fact that the Defendant, at the time of the execution of the said construction work, determined the construction cost by settling actual expenses to the Plaintiff; ④ Even if the construction cost is calculated by settling actual expenses claimed by the Defendant, the construction cost should be paid according to the said written estimate for construction work contract between the Defendant and the unit price at the time of execution.

Therefore, the defendant is obligated to pay to the plaintiff the total construction cost of KRW 95,00,000 (= 475 + 200,000 won in the above quotation (i.e., unit price of KRW 450,000 in the above quotation - unit price of KRW 200,000 in the material cost - equipment rent of KRW 50,000 in the equipment rent) less the remainder of the construction cost of KRW 30,000 paid by the defendant, and delay damages therefrom.

2. Determination

A. In order to establish the relevant legal principles, in order to ensure that there is a need for the objective agreement of several conflicting declarations between the parties, and that there is an objective agreement, all the matters expressed in the parties’ declaration of intent must be consistent.