The defendant shall pay to the plaintiff KRW 2,272,726 and KRW 1,136,363 from September 23, 2018, KRW 1,136,363.

Basic Facts

On September 22, 2018, the Plaintiff agreed to purchase KRW 66,00,00 for the Defendant’s pine trees located in Nam-si, Namwon-si, and paid KRW 25,00,000 to the Defendant on the same day (Article 1 of the instant contract; hereinafter “instant contract”). After the conclusion of the instant contract, three of the instant pine trees became dead from the said land (No evidence No. 1 of the instant contract, witness D, and the Plaintiff asserted that six of the pine trees were dead, but more than three weeks recognized by the Defendant). The Plaintiff paid the remainder on October 31, 2018, and delivered the instant pine trees to the Defendant, and the Plaintiff did not pay the remainder until the said date.

The defendant's obligation of delivery of pine trees for partial compensation for damage in relation to law and for which the obligation of restoration to original state is lost due to pine 3 loss has become impossible.

I would like to say.

If a part of the performance occurs as above, the contract can be entirely rescinded only if the purpose of the contract can not be achieved through the implementation of the remaining parts (see Supreme Court Decision 94Da57817, Feb. 9, 1996). In other cases, the contract can be rescinded only for the part which is impossible to perform.

However, the 3 weeks of pine trees were lost.

Inasmuch as there is a lack of grounds to recognize that the purpose of the instant contract could not be achieved (the Plaintiff is deemed to have no “Good-quality pine tree”).

It is alleged that the lost pine trees were particularly good trees.

A contract may be rescinded only with respect to lost pine trees.

Accordingly, the Plaintiff sent to the Defendant a content-certified mail that the contract is entirely rescinded on July 29, 2019 (Evidence No. 2) and such declaration of intent includes the purport that the contract is partially rescinded.

Therefore, it is reasonable to view it.