손해배상
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. Facts of recognition;
A. On April 29, 201, the Defendant, upon receipt of the instant purchase and sale contract and partial performance, sold 500 gress in total to the Plaintiff KRW 25 million (50,000 per annum x 500gres) (hereinafter “instant purchase and sale contract”), May 13, 201, and June 20, 201, KRW 10 million in total (5 million per 50,000,000,000 in total (50,000 per annum x 200,000).
B. 1) The Plaintiff and the Defendant, on April 2013, entered into a re-contract on the instant trade contract (A4; hereinafter “instant re-contract”) (hereinafter “instant re-contract”).
B was concluded with the following contents:
Title Trading Agreement
1. This extension contract has been renewed on April 20, 201 because it was impossible to understand the terms of the contract for the sale of trees, thus failing to release the items of the contract, but is thus renewed by mutual consent.
2. A contract is renewed for an extension of one year from April 29, 2013 to April 29, 2014. The Plaintiff shall pay 500,000 won to the Defendant for the rent and management expenses for planting trees, if necessary, for off-the-counter work, and the Defendant shall manage and preserve trees within the extended period.
3. The Plaintiff, among the total sum of the trees 25 million won prior to the re-contracts for the extension of trees above, remitted to the Defendant the sum of KRW 10 million in total of KRW 5 million in the first five million and KRW 10 million in the second five million, and the second sum of KRW 1 and KRW 100 in the aggregate.
4. The Plaintiff shall, within April 29, 2013, transfer to the Defendant the remaining amount of KRW 5 million out of KRW 15 million, and take out 100,000 work and take out.
5. By April 29, 2014, the Plaintiff should transfer the balance of KRW 10 million to the Defendant and carry out the whole remaining quantity after working.
6. Other matters shall be by agreement of the plaintiff and the defendant.
2) The Plaintiff paid KRW 5 million to the Defendant on April 29, 2013 pursuant to Article 4 of the instant re-contract, but delivered KRW 50,000 among the instant pine trees 10,000 as stipulated in the said clause, and did not receive the remainder of 50,000 until now. 3)