beta
Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the conclusion of the design service contract
A. The gist of the Plaintiff’s assertion was that the Plaintiff requested the Plaintiff to provide steel structure, basic structure, and elevator design services on the ground of the movement of cart within the construction site of the golf course, and the Plaintiff faithfully completed the above services until July 2017, and the design service cost of KRW 14,00,000 was generated.
The plaintiff submitted a design drawing to the defendant according to the terms of the contract, but the defendant did not pay the design service cost up to now.
Therefore, the Defendant is obligated to pay the Plaintiff the price of KRW 14,00,000 under the design service contract and the delay damages therefor.
B. The relevant legal doctrine 1) In order to establish a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters constituting the content of the contract in question, but with respect to such essential matters or important matters, the agreement should be made with respect to the standards, methods, etc. which are specific or specific in the future, and if the parties fail to reach an agreement with respect to matters on which the agreement should be reached, the contract shall not be concluded unless there are special circumstances (see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). 2) In order to ensure that the objective agreement between the parties is necessary and objective for the formation of a contract, the matters on which the parties expressed their intentions should be the same with respect to all matters on which the parties expressed their intentions in conflict, while even if the parties expressed their intent to make such agreement with the requirement for the formation of the contract, in particular, even if the parties expressed their intent with the intention to make such agreement more significant and effective.
In order to establish the contract.