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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff’s assertion that the Plaintiff entered into a contract with the Plaintiff for the use of the plant variety, and the Defendant’s employees entered into a contract for the plant variety from April 12, 2012 to April 14, 2012, using the said plant variety room and the seminar room, and eating food beverages.
The sum of the usage fees of the above guest rooms and the seminar room and the price of food and beverage is KRW 16,741,00,000, and the plaintiff was paid KRW 3,000,000 by the defendant.
The defendant shall claim to the defendant the remainder of KRW 13,741,00 and damages for delay.
The defendant entered into an entrustment contract for education and training with the Japanese management consulting company (hereinafter referred to as " Japanese management consulting company") and the defendant's employees, and paid the price in full to the Japanese management consulting company in accordance with the above contract.
The parties who have entered into a contract with the Plaintiff for the use of the plant species are not the Defendant, but the Defendant is not obligated to pay the Plaintiff the price for the use of the plant species.
Even if a claim against the Plaintiff exists, the claim was extinguished by prescription in accordance with Article 164(1) of the Civil Act, such as accommodation charges and food charges.
Judgment
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 4, 5, and Eul evidence Nos. 4 and 11, the defendant’s employees used guest rooms and seminars from April 12, 2012 to April 14, 2012, which the plaintiff operated, and drink food and drink, and the total amount of the usage fees is 16,741,00.
However, the following circumstances, i.e., evidence Nos. 1 through 5, evidence Nos. 7-1, 2, 9, and 11 of evidence Nos. 7, and evidence Nos. 9 and 11 of evidence Nos. 8 (the part of evidence Nos. 8-1 and 2 of evidence Nos. 8-1 and 3 of evidence Nos. 8), and the witness C’s testimony and pleading, which can be acknowledged by the Plaintiff, do not submit direct evidence, such as a written contract to prove the fact that the Plaintiff entered into a contract with the Defendant.