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1. Defendant (Counterclaim Plaintiff), Plaintiff (Counterclaim Defendant) A, and Plaintiff (Counterclaim Defendant), Plaintiff (Counterclaim Defendant) B, KRW 12,000,000, and KRW 12,000,00, respectively.
Reasons
1. Basic facts
A. A. Around November 2015, the Plaintiffs decided to purchase food seedlings (hereinafter “instant seedlings”) from the Defendant for KRW 6,000 per share, and purchased KRW 2,000 for Plaintiff A and KRW 4,000 for Plaintiff B, respectively.
B. Around December 14, 2015, Plaintiff A paid KRW 6,000,000 out of the purchase price of KRW 12,000,000 for the above seedlings 2,000, and Plaintiff B paid KRW 12,000,000 out of the purchase price of the above seedlings 4,000,000, respectively.
C. On December 16, 2015, the Plaintiffs received all of the instant seedlings from the Defendant and planted them.
[Ground of recognition] Facts without dispute, Gap evidence 1, fact-finding results on the net market of this court, the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiffs asserts that, even though there are a large number of food seedlings that do not exist in roots and there should be no standing room, there were 1 to 3 cut defects in the seedlings of this case supplied by the defendant, and thereby, they suffered losses from the production of a large number of seedlings that are cut off.
In full view of the overall purport of the pleadings, the fact that there were 1-3 cutting of the tree nursery of this case supplied by the Defendant is recognized in each of the statements in Gap's 5, 6, and Eul's 3.
However, comprehensively taking account of the overall purport of the arguments as a result of the fact-finding conducted on March 19, 2014, the Defendant entered into a non-exclusive license agreement with the Commissioner of the Korean Intellectual Property Office on March 19, 2014, for the production and sale of drinking tree seedlings, which has no time limit, and for the drinking tree which has no time limit, is not reproduced as being patented by "non-visual propagation method", and the roots are reproduced in a way that they are easily transferred and planted. The production and sale of seedlings by a person who is not the licensee is not allowed, and it is not allowed for the person who is not the licensee to produce and sell seedlings by using the roots of the above drinking tree.