The judgment of the first instance shall be modified as follows:

On March 2019, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

1. Facts of recognition;

A. On March 2019, the Plaintiff entered into a contract under the following terms and conditions (hereinafter “instant contract”) with the Defendant, who is a landscaping business entity, in order to re-explate the land equivalent to KRW 500 of the trees located in the population D in the Sinju-si, Chungcheongnam-si (hereinafter “instant contract”).

Expenses incurred in the construction of pine trees transplantation shall be KRW 90,000 per share.

The defendant shall be fully responsible for all materials, heavy equipment, transport, food supply, transplantation, etc. accompanied by labor management, such as human supply and demand, wages, industrial accident, safety management, etc.

B. According to the instant contract, total of 500 pine trees were transplanted, and the Defendant received KRW 20 million as part of the construction cost from the Plaintiff.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) The defendant did not immediately transfer pine trees generated in the course of transplanting them pursuant to the contract of this case and neglected them without delay, and the plaintiff inevitably concluded a separate contract with a third party to prevent the death of pine trees, and completed transplant construction by directly paying KRW 34,373,50. 2) The defendant delayed the execution of the contract when the contract of this case is a periodic act that could not achieve the purpose of the contract unless the contract is performed within a given period. Thus, the plaintiff is obligated to cancel the above contract in accordance with Article 545 of the Civil Act. The plaintiff did not have a duty to pay the remainder of the contract price of KRW 25 million to the defendant (=5 million of the total contract price of KRW 45 million + KRW 500,000 of the total contract price of KRW 20,000) - the term payment of KRW 20 million.

3. Even if the Plaintiff could not rescind the contract of this case, the Plaintiff suffered loss from expenditure of KRW 34,373,500 due to legal management of affairs or the Defendant’s nonperformance of obligation, and thus, the Plaintiff’s reimbursement of the above expenses or damage claim against the Defendant as the automatic bond is KRW 25 million.