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1. The Defendant: (a) KRW 109,014,356 to the Plaintiff, as well as KRW 6% per annum from July 6, 2016 to July 12, 2017.
Reasons
Basic Facts
The Plaintiff is an incorporated farming association established for the purpose of ginseng cultivation, ginseng-related food manufacturing, processing, distribution, etc., and has a license for high-kassium ginseng and its cultivation methods, and has a considerable know-how on the cultivation of seeds, such as entering into an agreement with several companies to provide technical cooperation on the cultivation of seeds.
On November 30, 2013, the Defendant entered into a lease agreement with the Plaintiff on the ground free greenhouse B (hereinafter “instant free greenhouse”) with the term of lease from November 30, 2013 to December 30, 2018, setting the lease agreement at KRW 2 million per month of rent (hereinafter “instant lease agreement”). At that time, the Defendant delivered the instant free greenhouse to the Plaintiff.
At the time of the conclusion of the instant lease agreement, the glass temperature room had been considerably deteriorated more than 20 years ago, and most of the closed and closed machines and ruptures in which rainwater slids or installed rainwater crepits were in the state of failure to operate.
On January 22, 2014, the Plaintiff sent to the Defendant, on January 22, 2014, a letter verifying the content to the effect that “The Defendant, at the time of the conclusion of the instant lease agreement, promised to restore the space located on the rear door of the glass temperature room to its original state in favor of others, resolve the problems such as the leakage of rainwater and the use of underground water, thereby failing to implement it. At the latest, the Plaintiff sent a letter verifying the content to the effect that “The Defendant sent to the Defendant, at the latest, an order to restore the space located on the rear door of the glass temperature room to its original state, and to prevent any problem in using the glass temperature in the future by resolving the
Nevertheless, the Defendant did not take any measures, but the Plaintiff directly performed the following works: (a) installed a plastic house, a spawor and a distribution facility inside the glass temperature room; and (b) started to grow the spawor ginseng in full scale from February 2014, after installing a plastic house, a spawor and a distribution facility in the said glass temperature room.
However, this case.