손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 9, 2015, the Plaintiff entered into a contract for tree sales (hereinafter “instant contract”) with the Defendant on the purchase of pine trees located in the Gangwon-gun Land, Gangwon-gun (hereinafter “instant land”) owned by the Defendant as follows. On the same day, the fact that the Plaintiff paid the down payment of KRW 26 million to the Defendant is nonexistent or recognized in full view of the purport of the entire pleadings as indicated in the evidence No. 1.
The name of tree: The scope of extracting tree trees on the ground of Sejong-gun C farm land in Gangwon-gun: 61,200 square meters, and the defendant sells the trees (all trees) indicated above in the permitted area excluding the same side as the base line for the iron straws, among the 61,200 square meters of a village dong-gun, and the plaintiff purchases them.
The plaintiff pays the purchase price to the defendant as follows:
-Total purchase price of KRW 263 million - down payment of KRW 266 million - down payment of KRW 26 million - Any balance of KRW 237 million
2. The plaintiff's assertion and judgment
A. At the time of the conclusion of the instant sales contract, the Defendant asserted that the Plaintiff was the Plaintiff at the time of the conclusion of the instant sales contract, but the Plaintiff did not reach 540 weeks (or 450 weeks more than a certain standard) despite the fact that pine trees located within the instant land were about 300 weeks. The Plaintiff entered into the instant sales contract by deceiving the false end.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 52 million, which is a double of the down payment paid by the Plaintiff, as damages for the said unlawful act, and the damages for delay.
B. The instant sales contract only states that the subject matter of sale is “all trees” located within the permitted area among the instant land, and there is no mention about its volume, and it can be recognized that the Defendant, at the time of entering into the instant sales contract, stated that the pine trees located within the instant land constituted 540 weeks (or 450 weeks more than a certain standard) to the Plaintiff.