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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. The basic facts of the claim (1) The plaintiff is a legal entity operating a tombstone, and the defendant is a person who operates a "D farm" in Gangnam-gu Seoul Metropolitan Government C for his/her father's residence, such as his/her father and sand.
(2) Around March 2017, the Defendant: (a) sent seeds of the Plaintiff, Republic of Korea 5,000 Stomatoma (variety name “Bigco”); and (b) 3,000 Stomatoma (variety name “referring to variety name”) to the Plaintiff; and (c) agreed that the Plaintiff would provide seedlings to the Defendant by holding it in contact with the seed and supplying it to the Defendant.
(3) However, on April 30, 2017, the early plant of the above seeds, the Plaintiff sent text messages to the effect that part of the net order of the Defendant’s seeds sent to the Defendant would be replaced by another plant variety because it was abnormal, and the Defendant consented thereto.
(4) Subsequent to May 25, 2017, the Plaintiff supplied the Defendant with seedlings equivalent to KRW 2.34 million, and KRW 1 million on June 19, 2017, and KRW 334 million in total.
F. The sum of the tombstones does not constitute “the burial of this case” or “the cost of the burial of this case”
() The Defendant signed the Plaintiff’s signature to the effect that the Plaintiff received it normally in the column of “consignor” of the document named “Transaction Statement” as of May 25, 2017 and June 19, 2017, as presented by the Plaintiff at the time, and then delivered it to the Plaintiff (the above “consignor” includes the phrase “I confirm and accept that there is no quantity, variety, and grave status,” next to the Plaintiff.
(5) Meanwhile, on February 11, 2019, immediately before the filing date of the instant appeal (2019, Feb. 18, 2019), the Defendant unilaterally supplied seedlings to the Plaintiff as a substitute for another variety, and sent a content-certified mail stating that the damage was incurred to the Defendant by supplying defective seedlings. At that time, the Defendant reached the Plaintiff at that time. (6) The above facts do not conflict between the parties, or are written as evidence A, Nos. 1, 2, and 3, respectively.