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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 3, 2016, the Plaintiff asserted as to the cause of the claim that he/she purchased as a lump sum trade the amount of unpaid money cultivated from the Defendant to approximately KRW 330 million, which was set at KRW 30 million.
The plaintiff confirmed the area as GPS on the day of the contract, and the remaining area was only 2,253 square meters, and thus approximately 1,047 square meters were less than the contract area.
The Plaintiff shipped a total of KRW 28.2 million, including KRW 9.8 million, KRW 9.8 million, KRW 9.6 million, KRW 9.6 million, and KRW 28.2 million, on October 2, 2016, KRW 200,000,000,000,000 from the Defendant.
During the shipment process, 3,69,000 won was paid in total by 5,619,000 won, 1950,000 won, labor cost and 3,669,000 won for employees.
If the plaintiff deducts the shipment price of KRW 5,619,00 that was paid at his own expense, the shipment price of this case is KRW 22,581,00 ( KRW 28200,000 - KRW 5,619,00). Thus, the defendant obtained unjust enrichment of KRW 7,419,00 which offsets the above KRW 22,581,00 among the shipment price of KRW 30,000 which was paid by the plaintiff. Thus, the defendant is liable to pay the plaintiff the interest or delay damages.
2. On December 3, 2016, the Plaintiff entered into a contract for lump sum sale (hereinafter “instant contract”) with the Defendant on the purchase price of KRW 30 million with respect to the dancing cultivated in Yong-gun, Yong-gun, etc. from the Defendant on December 3, 2016, and the Plaintiff is recognized as having deposited KRW 30 million with the Defendant on the date of the instant contract.
However, there is no evidence to prove that the object of the instant contract is specified as "free cultivated from the area of 3,300 square meters."
In addition, since the time when the Plaintiff asserts that he had shipped to the lower food company was transferred to the instant contract, it cannot be deemed as having been purchased from the Defendant, and it is also insufficient to recognize that the Plaintiff spent KRW 5,619,000 for transportation expenses, etc. only with the statement of evidence No. 2.
Thus, the defendant 7,419,00 won.