손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 2017, the Plaintiff confirmed the large wave cultivated by the Defendant in the Gangseo-gu Busan Metropolitan City C2,995 square meters (hereinafter “instant land”) from the Defendant, and entered into a sales contract with the Defendant on April 2017 (hereinafter “the instant land”). The Plaintiff purchased the large wave, which is cultivated in approximately 500 square meters in Kimhae-si D1,885 square meters (hereinafter “instant land 2”). The Plaintiff purchased it in the form of a large electric wave (hereinafter “sofld sofld sale”). The Plaintiff purchased it in the form of a large-scale sale (hereinafter “sofld sale”). The Plaintiff purchased it in the form of a large-scale sale (see Article 53 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products) in the cultivation condition before the producer harvests it in the form of area or in quantity (see Article 53 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products). The Plaintiff shall manage the purchase price in the middle of April 1, 200, and the Defendant shall pay the remainder to the Plaintiff.
B. On March 29, 2017, the Plaintiff paid a down payment of KRW 10 million to the Defendant.
C. At the end of April 2017, the Plaintiff confirmed that a part of the large-frequency, which was brought up on the land No. 2 in the instant case, had been ill-harmed, and thus, the Defendant managed the land Nos. 1 and 2 by May 25, 2017 between the Plaintiff and the Defendant, and the Plaintiff agreed to accept the large-frequency at the said time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) By April 2017, the Defendant agreed to deliver to the Plaintiff the instant land 1 and 2 to the Plaintiff in a state with no impulses. 2) The occurrence of blights in the wave on the ground of the instant land 2 was caused by the Defendant’s management in breach of the duty of due care as a good manager, such as that the Defendant did not enjoy dance once after the instant contract was concluded, and that the Defendant did not use blights.