1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

1. Basic facts

A. The Plaintiff is a legal entity operating a breeding house in Jinju-si C, and the Defendant was a farmer in Sacheon-si D, and has been supplied with seedlings, etc. by the Plaintiff.

B. Around January 2018, the Defendant ordered the Plaintiff to tree seedlings, and the Plaintiff issued an order for the same year.

2. 21. 21. Around 21, 4,200 indigenous seedlings (hereinafter “instant seedlings”).

On February 21, 2018, the Plaintiff presented to the Defendant a “transaction Statement” stating that the amount of KRW 4,200, the amount of KRW 2,100,000, and the sum of KRW 6,350,000, which is the sum of KRW 4,200,000, and the outstanding amount of KRW 4,250,000. The Defendant stated the Defendant’s name, telephone number, etc. in the “recipient” column and signed the “acquisition confirmation” column.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that the Defendant is obliged to pay the remainder of KRW 3,350,000,000, which was already paid from KRW 6,350,000 to the Defendant by February 21, 2018.

B. Defendant’s assertion 1) ordered the Plaintiff to pay KRW 3,00 for Saturdays seedlings 3,200, but the Plaintiff supplied the Defendant with 4,200 stoma seedlings based on mistake. As such, the Defendant’s payment for KRW 1,200 cannot be made. 2,10,00 for the instant seedlings is difficult to grow normally due to virus infection. Thus, the Plaintiff is not entitled to pay KRW 50,762,60 for the damages suffered by the Defendant due to the supply of defective seedlings (=36,012,60 for the damages of KRW 14,750,00 for the loss of production).

By making the above damage claim as an automatic claim against the Plaintiff, the remaining amount receivable 1,250,000 won against the Defendant (the remainder of KRW 3,000,000 paid by the Defendant after February 21, 2018) shall be offset against the amount equal to that of the outstanding amount receivable 4,250,000 won against the Defendant.

In addition, the court of this case as a counterclaim.