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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 4, 2015, the Plaintiff entered into a two-wave cultivation contract with the Defendant stating that “the Plaintiff shall provide a two-wave relationship to the Defendant, and the Defendant shall cultivate a two-wave from 5,000 square meters: Provided, That the Defendant shall cultivate a two-wave as required by the Plaintiff. The two-wave cultivation amount shall be KRW 50,000 per square meter plus KRW 10,000 per square meter; the Plaintiff shall preferentially pay the down payment of KRW 25,000,000; and the remainder shall be paid at the time of shipment of KRW 25,00,000.”
B. On August 21, 2015, the Plaintiff paid the down payment of KRW 25,000,000 to each Defendant with KRW 10,000,000,000 for an account under C’s name, and KRW 10,000,000 for a account under C’s name on September 23, 2015, and KRW 5,000,000 for cash on September 23, 2015.
C. On November 2015, the Defendant planted approximately 5,000 square meters of Driju-si, Naju-si, at approximately 32 greenhouses, which were received from the Plaintiff, to the 32 greenhouses.
The defendant around February 2016 for the same year
1. From February 5, 2016 to February 29, 2016, the Defendant’s greenhouse greenhouse was destroyed and damaged, and reported to the head of the E-Myeon office that the damage occurred, and the head of the E-Myeon office received compensation for totaling KRW 5,000,000,000 from the head of the E-Myeon office on February 5, 2016 and February 29, 2016.
E. Since then, between the beginning of March 2016, the Defendant: (a) 200 square meters around 500 square meters, which were destroyed as seen above, carried out a spaw at the right angle; and (b) 200 square meters.
F. On April 2016, the Plaintiff requested the Defendant to be aware of the purchaser who can directly harvest the spawn and ship the spawn. However, the purport was not achieved. Around April 26, 2016, the Defendant was only aware of the spawn price.
G. Since then, from April 29, 2016 to May 8, 2016, the Defendant paid 10,058,000 won in total for personnel expenses, and sold in KRW 28,337,00 to the Customer by harvesting cultivated spaws.
H. The Plaintiff on November 2015.