1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Basic facts

A. On February 5, 2018, the Plaintiff and the Defendant concluded a sales contract of the instant case with the purport that a large wave cultivated by the Plaintiff in a Han field (hereinafter “A field”) among the large wave cultivated by the Plaintiff in two dry fields of the Plaintiff (hereinafter “A dry field”) to the Defendant was sold at KRW 18 million, and that a large wave cultivated in another dry field (hereinafter “B dry field”) shall be sold at KRW 22 million, respectively (referring to the so-called dry field contract, and the sale at a size or quantity in the cultivation condition before the producer harvests; hereinafter “the instant contract”).

B. The Defendant paid to the Plaintiff KRW 10 million on February 5, 2018, and KRW 10 million on December 12, 201 of the same month, respectively. The Defendant harvested and sold the large wave cultivated in A dry field around February 5, 2018, and around February 13, 2018.

C. On February 28, 2018, the Defendant proposed to the Plaintiff that “The sales of large-scale derivatives cultivated in A dry Field would have been damaged, and thus, the Plaintiff rejected this offer, although the Plaintiff proposed to the effect that “The sales amount of large-scale derivatives cultivated in B dry field shall be reduced to KRW 15 million from KRW 22 million.”

The defendant renounced the remaining harvest of the big wave. D.

On March 2018, the Plaintiff intended to sell large wave cultivated within dry field B to E, a merchant collecting other crops, with a total of KRW 18 million, but did not do so and disposed of at least 2.3 million to other crop collectors for new crops cultivation.

E. On March 12, 2018, the Plaintiff filed a complaint against the Defendant for fraud on the ground that “the Defendant acquired the 20 million Won by deception without the intention to pay the 20 million Won by large-scale.” However, the said accusation case was concluded as a non-prosecution disposition on October 31, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. In light of the following circumstances acknowledged by the above facts of recognition and the purport of the entire pleadings as to the cause of the claim, the Plaintiff fulfilled the obligations stipulated in the instant contract. As such, the Defendant is KRW 20 million for the remainder of the purchase price for large-scale A and B dry field.