손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The judgment of the court of first instance is justifiable even after examining the records in mind of the plaintiff's grounds for appeal citing the judgment of the court of first instance.
This court cites the reasoning of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
However, the plaintiff added the judgment as follows to the arguments added or emphasized by this court and repeated.
We do not accept the plaintiff's assertion that the Australian Chamber of Commerce and Industry shall issue a certificate upon delegation of the authority of the Australian Government.
The reasons are as follows.
① The certificate (Evidence No. 5) submitted by the Plaintiff while filing an import declaration stating that “Fish 31,000 g (Fish Oga31,000 g. health functional foods imported by the Plaintiff) did not use raw materials directly supplied in cattle, salt, and quantity, and scooren is a product derived from plants, and the said product is not likely to be SSE/TSE.”
However, it is clear that the above certificate is only a certificate issued by the Australia's Government for the import declaration of the product of this case, which is signed by Nure's Dare Ptyd Ptyd and certified as a true copy by the Australia Chamber. It is not a certificate issued by the Australia's Government for the import declaration of the product of this case.
② The Plaintiff asserts to the effect that the Ministry of Commerce and Industry is delegated with the authority of the Australian Government and issues a certificate, etc. instead of a certificate, etc., however, there is no relevant statute supporting the Plaintiff’s assertion.
It is difficult to view that the Australian Chamber has technical or legal capacity or authority to verify whether it used the raw materials of a healthy anti-compet animal not infected with the bovine spongiformiform encephalopathy in the manufacture of diesel nicotine contained in the capsule of the instant products.
③ Reviewing all the evidence presented by the Plaintiff, the Plaintiff and the certified customs broker consulted with the Plaintiff, etc. were to provide advice.