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.

Basic Facts

The plaintiff is a person engaged in mushroom growing business in the name of "C" in the official liquor and Daejeon, and the defendant is a person who installs a vinyl house on the land of Daejeon Seo-gu, Daejeon, and engages in growing plants, etc.

The Plaintiff entered into a contract for growing timber supply with E, an importer, and paid KRW 4,400,00 as a down payment, in order to be supplied with growing trees of 200 square meters necessary for mushroom cultivation.

However, the plaintiff suggested that E pay the balance and be supplied with a growing tree on behalf of the plaintiff while recommending the defendant to grow a mushroom, who is not adequate to cultivate the greenhouse.

On October 2013, the Defendant accepted the Plaintiff’s proposal and decided to install mushroom cultivation facilities in two greenhouses of the Defendant, and requested the Plaintiff with mushroom cultivation experience to install the said facilities.

On October 27, 2013, the Plaintiff purchased a pipe necessary for the installation of mushroom cultivation facilities from F to 8,000,000 won. From around that time, the Plaintiff spent KRW 742,50,000 for the purchase of agricultural materials, KRW 239,50 for the purchase of plastic materials, KRW 350,00 for the transport of pipes, KRW 2,260,00 for the transport of pipes, KRW 4,108,00 for the artificial wage, and KRW 516,00 for the artificial decoration, around December 2013, the Plaintiff completed the installation of mushroom cultivation facilities at the Defendant’s plastic greenhouse house.

On December 23, 2013, the Defendant remitted the remainder of KRW 20,700,000 to E, an importer of fish farming, and on January 15, 2014, the Defendant transferred KRW 2,200,000, a half of the Plaintiff paid to E in the name of the Plaintiff to E as the down payment.

In addition, on December 27, 2013, the Defendant remitted KRW 8,000,000 to the Plaintiff’s account under the name of the Plaintiff.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, Eul evidence Nos. 8, and Eul evidence Nos. 8, the main cause of the plaintiff's claim is the plaintiff's main cause of claim. The plaintiff is accompanied by the defendant's installation of mushroom cultivation facilities in his/her vinyl house.