1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On June 2013, the Plaintiff’s assertion entered into a contract with D and 200,000 won per 1,000,000 won per pine tree, which was delegated with the authority by the Defendant, the representative of C, and completed preparations for the trucking of pine trees by extracting 78gs selected in accordance with D’s instructions. The Plaintiff’s employee laid down 23glus from among the said pine trees.

As a result, the Plaintiff suffered from the death of 23 glus, so the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 4.6 million (=23glus x 200,000 per 1glus).

2. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the plaintiff extracted 78 girines to be sent to the defendant on June 2013 and completed preparation for the difference of the plaintiff. The employee of Eul set up 23 girines among the above 78 girines and selected 50 girs additionally. The plaintiff first extracted 55 girs, excluding the tree of this case, from among the trees extracted, 50 girs additionally extracted from 105 girs, and D can be found to have been planted on the defendant's real estate after defective 105 girs.

Even if the Plaintiff, like the Plaintiff’s assertion, entered into a contract with D and 200,000,000 won per 1,000,000,000 won per 1,000,000 won per 1,000,000 won per 1,000,000 won, it is reasonable to deem that C’s employees allowed to open the instant trees and select 50 additional 50,00,000,000 won for the instant trees, which the Plaintiff was trying to borrow and cut off the said trees in lieu of the instant trees. Therefore, the Defendant did not receive the instant trees, and thus, cannot be held liable for the Defendant’s breach of contract.

In addition, the Plaintiff planted the instant trees, but all of them.