1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 2013, the Plaintiff entered into a contract with the Defendant to sell for KRW 200 per kg. (hereinafter “instant contract”) the Plaintiff cultivated in the dry field of Gangwon-gun, Gangwon-gun, and seven parcels of land (hereinafter “instant contract”).

B. On April 2, 2013, the Defendant paid to the Plaintiff KRW 10 million, KRW 10 million on May 7, 2013, KRW 10 million on May 29, 2013, KRW 10 million on May 29, 2013, KRW 10 million on June 26, 2013, and KRW 45 million on July 26, 2013.

C. On August 25, 2013, the Plaintiff entered into a contract with E to sell for the amount of KRW 65 million the Plaintiff cultivated in the dry field outside D and seven parcels of Gangwon-gun, Gangwon-gun, and received KRW 45 million on the same day from E as the price-free, and KRW 20 million on September 2, 2013.

From September 8, 2013 to the 10th day of the same month, the Defendant harvested 199,130 g, which was cultivated by the Plaintiff.

[Ground for recognition] Facts without dispute, Gap evidence 1 (including branch numbers for those with branch numbers; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Defendant, who had harvested free of charge on September 8, 2013, shown a dry field of 10,00 square meters of Gangwon-gun, Gangwon-gun, F, G, H, H, and I land, and that the Defendant would purchase the free of charge planted in the dry field of 10,000 square meters, and thus, the subject matter of the instant contract was specified as the free of charge as planted in the dry field of 10,00 square meters.

However, the defendant harvested only a part of the thing that was planted in the dry field of 10,000, and the thing that was not harvested was abandoned and discarded.

Therefore, the defendant is liable to pay the plaintiff 104,750,000 won [[10,000 square meters ± 400 square meters ± 500 square meters (1 quantity per 400 square meters)] x 18,100km (1 unit of five tons truck) x 59,000 won remaining after deducting the amount of 45,00,000 won already paid from 1 unit of five tons (1k truck) x 230 won (45,00 won per 1k truck).

B. Determination No. 1, No. 1