1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On April 4, 2017, the Plaintiff and the Defendant, and the Plaintiff sold to the Defendant a large wave cultivated by the Plaintiff in a plastic house in KRW 79 million. The down payment is on the day of the contract, and the remainder is on the day of the contract, and on May 2017, the contract was entered into with the content that the Plaintiff would receive as a patrolman, respectively (hereinafter “the said contract” as the instant sales contract, and the so-called “the so-called dry field so-called “the land subject to sale,” and the “the land subject to sale,” was paid KRW 30 million as down payment from the Defendant at the time of the contract.

B. The Plaintiff’s remaining part of the remainder under the instant sales contract is KRW 10 million from the Defendant on May 25, 2017, and the same year.

6.7.1 million won was paid in total, including KRW 20 million.

C. From June 25, 2017 to July 14, 2017, the Defendant harvested and sold it to others.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, partial testimony of witness C by this court, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 29 million under the instant sales contract (i.e., purchase price of KRW 79 million - KRW 30 million - KRW 20 million) and delay damages.

B. Determination as to the Defendant’s assertion 1) The main point of the instant sales contract is that the subject matter of the instant sales contract is the large wave, which is cultivated from 35 plastic houses, by means of sale and purchase designated by quantity, from the area of 35 plastic houses. In general, since the sales transaction falls under 5.8 meters in width and 90 meters in length, the length of plastic houses, which the Defendant purchased, should reach a total of 3,150 meters (i.e., 90 meters x 35 m). As a result of the Defendant’s actual survey after the said sales contract, it was known that the area of plastic houses, which grow a large wave, was limited to approximately 25 m (2,287 meters in total) and the Plaintiff renounced the remainder of the sales price claim against the Defendant as set forth in the Defendant’s claim.