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1. The defendant shall pay to the plaintiff KRW 5,00,000 as well as 5% per annum from January 12, 2007 to January 8, 2015, and the next day.
Reasons
1. Basic facts
A. The plaintiff is a person conducting landscaping business, and the defendant is a person planting and selling seedlings for landscaping.
B. On January 12, 2007, the Plaintiff entered into a sales contract with the Defendant to supply 350 million won of broom tree seedlings from the Defendant, and paid 5 million won to the Defendant on the same day.
C. On March 10, 2007, the Defendant provided the Plaintiff with the seedlings of brooms (hereinafter the instant seedlings) that he planted as a broom tree nursery.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness C, result of appraiser D's appraisal, purport of whole pleadings
2. The assertion and judgment
A. (1) The Defendant asserted the Plaintiff as the Plaintiff’s broom tree seedlings.
As a result, the Plaintiff suffered damages equivalent to KRW 19,865,00 for expenses for personnel expenses and land rent, etc. incurred in growing the seedlings of this case, and KRW 2,135,00 for the collection of trees raised with the seedlings of this case. On May 2010, the Plaintiff knew that the trees raised with the seedlings of this case were brooms and decided to sell KRW 70,000 for E with the knowledge that the trees raised with the seedlings of this case were brooms, and did not sell them, thereby resulting in the Plaintiff’s failure to sell them.
The defendant shall compensate the plaintiff for damages caused by deception, and shall seek compensation of KRW 70 million out of the above damages.
(2) According to the facts of recognition as to the occurrence of liability for damages, the defendant is obligated to compensate for damages suffered by the plaintiff since the defendant, who planted and sold the seedlings for landscaping and neglected his/her duty of care to accurately know and sell the species of the seedlings sold by him/her, and sold the seedlings of this case to the plaintiff by mistake as broom tree ordered by the plaintiff.