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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On November 20, 2006, the Defendant has produced and sold fruit seedlings after completing business registration with the trade name of "K" in the Sung-gunJ of Seongbuk-gun, Seongbuk-gun, 2006.
B. On April 29, 2013, the Defendant supplied Plaintiff A with KRW 1,200 for “SHW6 Domestic History and Seeds” and received KRW 14,040,000 for the said Plaintiff. Around that time, a contract for the sale and purchase of seedlings (Evidence A-2), a quality guarantee certificate for seedlings (Evidence A-2-2), and a tax invoice (Evidence A-3-2), all of which are “Mymar” are written as “Myar.”
C. The Defendant supplied B with KRW 300,00 for “SHW6 Domestic History and Seeds” and received the payment of KRW 3,700,000 for December 6, 2012 and KRW 4,200,000 for the total amount of KRW 3,70,000 on March 19, 2013. The Defendant written a contract for the sale and purchase of seedlings (Evidence 1-1), a seed and seedling quality guarantee certificate (Evidence 2-1), a tax invoice (Evidence 3-1), and a tax invoice (Evidence 3-1), all of which are written as “Abaf”.
(2) Each of the above sales contracts entered into between the Defendant and the Plaintiff A and B is referred to as the “instant sales”).
The “SHW6 Domestic History and Seeds” supplied by the Defendant arose in the course of cultivation. On September 2015, Plaintiff A and B received guidance that an order to discard the entire quantity of the seedlings may be issued pursuant to the Plant Protection Act on the grounds that they were imported without undergoing quarantine inspection on the current status of the Agricultural and Forestry Quarantine Headquarters around September 2015.
E. Meanwhile, on May 17, 2016, after the filing of the instant lawsuit, B died on May 17, 2016, and Plaintiff D, E, F, G, and H took over the instant legal proceedings.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-5, 8, 11 (including each number; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings
2. The plaintiffs' assertion that the defendant is not liable for non-performance due to incomplete performance by supplying "SHW6 Korean history and seedlings," which are not "MHW6" or "MHW6" originally contracted.