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1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On October 8, 2015, the Plaintiff sold trees for landscaping construction to the Defendant with the following content:
950,000 won per unit price, 50,000 won, 50,000 won, and 104,750,000 won per unit price, respectively, for pine R 30 75 weeks, pine R 20 weeks, pine R 67 weeks, respectively.
B. Trees extracted by the Defendant exceeded the size of R18, R20, R22, R235, R248, R2516, R267, R27, R278, R28, R28, R289, R298, R302, R313, R326, R3311, R346, R35, R363, R371, R384, R39, R41, R41 share, R410, and 431 share, and in contrast to the contract, at least the amount equivalent to KRW 178,10,00;
C. The defendant shall pay the agreed amount by settling the excess amount at the same time.
or excess shall also be paid as unjust enrichment.
2. Facts of recognition;
A. On October 8, 2015, the Plaintiff and the Defendant, two to three days before concluding a contract for the sale of trees, and the Defendant’s employees B, C, etc., visited the Plaintiff’s planting of trees to check and reduce the size of trees (in the case of girreging a greg, the vertical diameter is converted), measured the size of trees, and specified the subject trees in a specific manner by affixing a belt and affixing a seal on the greging of the subject trees.
In principle, the measurement of the specifications of trees was conducted in the nearest part of the ground surface, but it was conducted on the upper part where it is inappropriate to conduct a general method because the dead type is attached.
In this process, D, as the husband of the Plaintiff, did not observe the measurement of all trees, but consulted with the first measurement method, and observed the measurement from time to time.
B. On October 8, 2015, trading was concluded as alleged by the Plaintiff.
C. At the time of extracting trees on October 16, 2015 and loading them into the vehicle, D calls to Defendant C, and the size of which exceeds the size, shall be adjusted by extracting trees.