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1. The Plaintiff, Defendant B, Defendant C, and Defendant C, as to each of the said money, KRW 10 million and each of the said money from May 21, 2016 to March 16, 2017.
Reasons
1. Basic facts
A. On November 4, 2003, the Plaintiff, a person operating “E” in the Cheongju-si Office D, filed an application with the National Seed Management Office as to “the general name and academic name of crops: sublime, the name of plant variety: : Large month,” and thereafter, the said plant variety was registered in the F plant variety right G registration number G from June 7, 2006 to June 6, 2031.
B. Defendant B, who is engaged in the sales business of seedlings, landscaping trees, etc. with the trade name “I” in Simsan-si, and received KRW 200,000,000 as a down payment, under orders from J, which is the Plaintiff’s upper son-dong, around April 2015, by making up KRW 4,00 per share of 10 peach tree seedlings as KRW 4,00 per share, around November 2015 or around March 2016.
C. Accordingly, the Plaintiff filed a complaint against the Defendant B, and the Defendant B received an agreed amount of KRW 25 million and revoked the complaint.
J on March 9, 2016, after visiting Defendant B’s “I” operated by Defendant B, purchased 150 shares in total by adding 50 shares to 100 shares previously promised, and paid 400,000 won.
Defendant C, who is engaged in the sale of seedlings, landscaping trees, etc. in the name of “L” in Simsan-si, was sold at KRW 2.50,000 won per share to the Plaintiff’s wife M on February 29, 2016.
E. The Plaintiff filed a complaint against the Defendants against the violation of the vegetable Variety Protection Act, and the Daegu District Prosecutors’ Office prosecuted Defendant B on May 27, 2016, and Defendant C on August 29, 2016, respectively, for a fine of one million won.
F. On the other hand, the Plaintiff sells peach tree seedlings in 10,000 won per share.
[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 6, 10, 11, 12, and 13 (including virtual numbers), Gap 7 video, and the purport of the whole pleadings
2. The Defendants asserting that the Plaintiff’s assertion had a variety protection right continue to sell the seeds and seedlings of sublimlime owned by the Plaintiff.