1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On November 8, 2014, the Plaintiff imported 35,470 out of 198, and entrusted the cultivation to the Seo-gu Seoul farm operated by the Defendant, and the entrustment contract between the Plaintiff and D on October 31, 2014 was reversed on or around December 2014, and the Plaintiff also demanded that the Defendant prohibit “voluntary disposal and release of white flaps and seedlings” against the Defendant on March 3, 2015.

D The entrustment contract with D was terminated and destroyed as a breach of contract with D on December 10, 2014.

Even if “the Defendant notified”, the Defendant, in collusion with D, sold at will 15,00 out of March 25, 2015 to April 9, 2015, and embezzled the sales proceeds. As such, the Defendant is obligated to pay to the Plaintiff the back-to-date and the sales proceeds of seedlings, which are damages incurred by the Plaintiff due to breach of trust and embezzlement, KRW 45 million, and damages for delay.

B. The Defendant’s assertion entered into an entrustment agreement with D on October 31, 2014, and D entered into a funeral agreement with the Defendant on November 7, 2014 with respect to the seedlings, and the Defendant took over 35,470 shares from the Plaintiff on November 8, 2014 in accordance with the funeral agreement with D on November 8, 2014, and carried out back 15,00 shares from March 25, 2015 to April 9, 2015 under the truster’s instruction, and thus, D sold them. Accordingly, the Defendant did not in collusion with D on embezzlement and misappropriation by the Plaintiff.

2. Facts of recognition;

A. On August 1, 2014, the Plaintiff entered into an agreement with E Association and the Defendant on the sale of seedlings, seedlings, seedlings, and fruits (the same as evidence A, No. 8 and No. 2) that “the Plaintiff recognizes E Association and FF Co., Ltd. as the sole proprietor of business in relation to the development, breeding, and sale from G” with the F Co., Ltd., the representative director.

B. On October 31, 2014, the Plaintiff sold white flaps, seedlings, and fruits that “The Plaintiff shall entrust D with the sale of 50,000 weeks out of the white flaps and seedlings brought in by Taiwan, and shall grant D with the right of sale and right of land development.”