beta
Text
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. The reasoning for this court’s explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, the above part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The plaintiff asserts that according to the letter of this case, if the defendant fails to supply all of the pine trees to the plaintiff, the defendant must accept all the plaintiff's rights and obligations as the purchaser of pine trees. Since the defendant failed to supply all of the pine trees to the plaintiff, the plaintiff must pay to the plaintiff at least 20,000 won per tree purchase price and at least 60,000 won per tree (total purchase price of pine trees/ total purchase price of KRW 350,70,000) for KRW 60 per tree or remaining pine trees.
The defendant is first limited to "C" among the forest land of this case where pine trees are planted as provided in the letter of this case, and it does not constitute a conclusive agreement that the defendant would acquire pine trees because the quantity or price of pine trees planted in the above forest land is not specified at all, and it does not constitute a final agreement. ② The defendant has the acquisition price to be paid by family affairs.
Even if the extinctive prescription is completed, it asserts that the extinctive prescription has expired.
B. 1) In order to establish a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters that form the content of the contract in question, but there is a specific agreement with regard to its essential or important matters, or at least a specific standard and method that can be specified in the future (see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). 2) As a letter of this case, the Plaintiff and the Defendant entered into an agreement on the acquisition of pine trees planted in the forest in question.
① First, according to the instant text, the Defendant can supply the Plaintiff.