Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. On May 30, 2016, the Plaintiff entered into an agreement with the Defendant to purchase KRW 12,00,000 (hereinafter referred to as the “instant agreement”) in the form of distribution sale (the so-called dry field so-called “sale”, and the sale in the size or quantity unit in the cultivation condition before the producer harvests) of a large wave cultivated in dry field (D facility downstream; hereinafter referred to as “the instant cultivation area”) with the area of 2,987 square meters located in Gangseo-gu Busan Metropolitan City, Busan, and paid the purchase price to the Defendant on June 1, 2016.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of action
A. The facts of recognition of the fact that, on July 4, 2016, a large of approximately 62.5 meters of the daily river volume was made in Busan where the cultivation site of this case was located. The fact that there was an obstacle to the drainage function because the drainage route of the cultivation site of this case was laid down in the soil, and that, thereby, rainwater coming into one of the arable areas of this case was flooded and cultivated by the Defendant, and that the dust was flooded in the Defendant. The fact that, after the separation frame where rainwater was discharged from the arable area of this case, the fact that the Defendant gradually started to grow in the siba in the siba in the sibath of the siba, the fact that: (a) the statement and image of evidence Nos. 2, 5 (including each number), 6-2, and the testimony and pleadings of the witness E of this case; and (b) the fact that the Plaintiff expressed his intention to cancel the contract by delivery of a duplicate of the complaint of this case is clear in the record.
B. According to the facts of the judgment 1 above, the defendant predicted the possibility of the concentration of the summer as the seller of the contract of this case, and checked the drain function of the drain channel, and properly manage the entrance door of the facility down in the cultivation area of this case, and neglected to prevent the inundation damage caused by the inflow of rainwater within the cultivation area of this case, and thus, the large wave was flooded in rainwater, and accordingly, the large wave was dead or lost.