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(영문) 의정부지방법원 2018.09.07 2017가합54425

손해배상(기)

Text

1. The Defendants jointly share KRW 49,791,792 with the Plaintiff and KRW 5% per annum from March 27, 2015 to September 7, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells functional health foods.

Defendant C is the father of Defendant C who produces and sells herb drugs, etc. with the trade name called D from the Gyeongbuk-gun, and Defendant C is the father of Defendant C.

B. The Plaintiff manufactured functional health foods of “E” in the ODM method (if the orderer entrusts the manufacture of products to the manufacturer, the manufacturer shall develop and manufacture the product, deliver the product to the orderer, distribute and sell the product), and supplied it to sa.com (hereinafter “E”), or manufactured the functional health foods, such as “F”, “G”, “H”, and “H,” and sold them to sa.com, Co., Ltd. (hereinafter “Scar Global”).

C. On January 28, 2015, Defendant C supplied 500 ggs of raw materials and 600 ggs of raw materials (hereinafter “the instant raw materials”) to the Plaintiff, who requested the Plaintiff to supply white water necessary for the manufacture of the above functional health foods, around March 27, 2015, and received KRW 9.6 million from the Plaintiff.

On May 6, 2015, the Namyang-ju Mayor pre-announces the Plaintiff to take the administrative disposition of the "15 days of manufacture suspension of E" and the "use of the relevant products" on the ground that he/she violated the standards for food or food additives.

E. On May 26, 2015, the Ministry of Food and Drug Safety (hereinafter “Food and Drug Safety”) collected functional health foods using breds as raw materials to test their ingredients, and published the report materials stating that “the collection of the entire quantity of fake products confirmed to be mixed with biopins” and the list of functional health foods mixed with biopins and general food.

The Plaintiff conducted an independent component inspection of the products, “F (Manufacture No. : H031501, circulation period: April 1, 2017),” and as a result, the head of Seoul Regional Food and Drug Administration detects hurine from the products. As such, the Plaintiff on July 10, 2015.