손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant, as a dealer of landscaping trees in 2009, told the Plaintiff to recommend landscaping trees with high profitability and sell them to the Plaintiff in the process of selling them to the Plaintiff. As such, the Defendant made a statement to the effect that “if landscape trees are planted, they will be sold in the future, they will be able to be sold in the future, and they will be sold after five years.”
[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings
2. Determination as to the cause of action
A. The defendant alleged that the plaintiff sold landscaping trees to the plaintiff while stating the basic facts, but for more than five years thereafter, the plaintiff did not sell landscaping trees to the plaintiff. This constitutes a tort caused by default or deception.
Therefore, the defendant is obligated to pay 9,6040,000 won and damages for delay incurred by the plaintiff in purchasing and planting landscape trees.
B. The Plaintiff’s assertion is merely interpreted to the purport that the Defendant’s statement in the above basic facts is suitable for the sales conditions of landscaping trees purchased by the Plaintiff at the time of the above basic facts, and in the future, it can proceed with the sales procedure under the Defendant’s responsibility five years after clarifying the prospect that the Plaintiff would be predicted to be able to do so, and it is difficult to view it to the purport that it will be responsible for the sales proceeds of landscaping trees beyond this, and there is no other evidence
In addition, the above defendant's statement is merely a unilateral statement, is not specific, and there is no assertion or proof as to whether the plaintiff agreed to the defendant's statement, etc., so it is difficult to recognize that the defendant bears a specific legal obligation due to the above statement in this case.
Even if the plaintiff and the defendant want to proceed with the sale procedure under the defendant's responsibility after five years from the time when the defendant sold landscaping trees to the plaintiff, according to the purport of the defendant's above.