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과실비율 50:50
red_flag_2(영문) 서울고등법원 2011. 9. 27. 선고 2010나95187 판결

[손해배상(기)][미간행]

Plaintiff and appellant

Plaintiff (Attorney Park Sung-chul et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Korean Commercial and Animal Drugs Co., Ltd. (Law Firm Love, Attorney Ba-man, Counsel for defendant-appellant)

Conclusion of Pleadings

September 1, 2011

The first instance judgment

Seoul Central District Court Decision 2009Da144512 Decided September 15, 2010

Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant shall pay to the plaintiff 171,474,216 won with 5% interest per annum from March 1, 2010 to September 27, 201, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining appeal is dismissed.

3. Of the total litigation costs, 60% is borne by the Plaintiff, and the remainder is borne by the Defendant, respectively.

4. The monetary payment portion under paragraph (1) may be provisionally executed.

Purport of claim and appeal

The judgment of the first instance is revoked, and the defendant shall pay to the plaintiff 342,948,432 won with 5% per annum from March 1, 2010 to the rendering of the judgment of the court of the first instance, and 20% per annum from the next day to the day of full payment (the plaintiff has reduced its claim in the first instance trial).

Reasons

1. Basic facts

This Court's explanation is the same as the corresponding part of the judgment of the court of first instance in addition to the application of three copies of the judgment of the court of first instance as shown in the attached Form. Thus, this Court shall accept it by the main sentence of Article 420 of the

2. Occurrence of liability for damages;

(a) Facts of recognition;

1) During that period, the Plaintiff used the white lines manufactured in the Copim, from 2007 to 2007, supplied the blades of the Defendant Company for free, and used them together. From September 2008 to 2008, the Plaintiff began to use the blades only purchased separately from the selling company from the Copim, and the Plaintiff continued to use the blades since March 2009, and began to use only the Copim products.

2) During the previous period in which only Copis products were used, the closure rate up to about 5 months, which is about the milch until the milch is related to the Plaintiff farm.

3) On May 2009, the station asked Nonparty 2 professor of the University of Seoul to conduct an appraisal, but he refused to conduct an appraisal on the grounds of a special relationship with the Defendant Company, the Plaintiff requested the knife Nonparty 1 professor of the University of Chungcheongnam-Nam to send knife two knife, which was kept without being used on August 2009, to Nonparty 1 professor of the University of Chungcheongnam-Namnam University, and the method of its ordinary use is, namely, the method of appraisal, the method of appraisal by which it is difficult to recognize the station by means of determining the effect of the destruction of cell, based on the knife knife knife knife g, which

4) There were a considerable number of cases where the bladed was used on August 8, 2008 and around September, 2008, when similar to the Plaintiff at another farm near the Plaintiff farm, and the calbia died from the calcian disease.

5) However, in accordance with environmental conditions, such as the climatic environment, adequate supply of raw milk, whether the mother body is prone of a virus, etc., however, if the climatic virus is infected, the rate of the climatic death is 50%, and the rate of the climatic death is increased by 90% if the climatic is combined with stress, the mixed infection with other pathogenic microorganisms, or the lack of intake of primary milk. In addition, the climatic visa of the Republic of Korea as a whole is 69.2% of the climatic visa of the climatic plant, and the reduction in the climatic visa has been shown due to the modernization of livestock facilities and the improvement of the climatic management. However, there is a recent result that there is a relatively growing trend in the cro virus or the cliviic visa caused by the virosis with strong infectious diseases.

6) Although treatment is not considerably difficult in cases where only the per capita infection is at issue, in the case of multiple infection, treatment is not easy, and the waste death rate is high.

7) The Loviral virus is mainly infected by the balviral radio waves due to the baline, including the Lovir, or the feed, water, and the salviral wave affected by the balviral urine.

8) The Plaintiff farm is the largest breeding farm in neighboring areas, and obtained the certification of an environment-friendly farm from the Agricultural Product Quality Control Service on June 2008, and obtained the certification of an environment-friendly farm after reexamination on June 2010, and the certification of the eco-friendly farm was conducted on June 1, 2010. (c) and (f) other than the period from October 2008 to February 2010, Plaintiff farm was not collectively closed, and the person in charge of the Public Health and Environment Research Institute of Incheon Metropolitan City, who visited Plaintiff farm on February 24, 2009 upon the request of Plaintiff farm to find out the causes as of February 24, 2009, assessed that the status of the sanitary management and the development of spawal management of Plaintiff Farmland was good.

9) At the time of collecting the crypian pulmonary body and the blood cryp, etc. of the crypium that died at the Incheon Metropolitan City Health and Environment Research Institute, the Defendant Company’s veterinarian also collected the crypology of the crypium and the crypium’s blood crypium at the Plaintiff’s request, and collected the crypology of the crypium and the crypium’s blood cryp that was no less favorable for the Defendant. However, the Defendant, a global pharmaceutical company, collected from the Plaintiff around the same time, did not send the cryp (the whole cryp, other than those provided to Nonparty 2 and 1) remaining after the Plaintiff was used by the Plaintiff, and the officials in charge of the Defendant Company discarded all of them as a result of comparing the crypian cryp that was kept in the previous Defendant Company according to internal regulations.

10) The term of validity is the minimum quality guarantee period that guarantees the safety and effectiveness of the product in question under the permitted storage conditions. Thus, even after the expiration of the period, the effect of the white letter does not necessarily cease to exist.

11) If the length of the fish ports of the above 1. D above is not less than 256 the length of the fish ports of the above 1. D, it may be caused by infection rather than by white shots.

12) It is difficult to clean easily due to the repeated outbreak of waste death when a viral virus is spread once.

13) There is no circumstance to view that the instant whites had been damaged due to the neglect of management while the Plaintiff was kept until the process of supplying the instant whites to the Plaintiff via the KNE or the KNEFEM or the time of its use after the Defendant was released from the Defendant.

[Ground of recognition] The evidence set forth in the above 1.3, Gap 5-1 through 13, Gap 10, 15, Gap 16-1, 2, Gap 16-2, Gap 21, 22, Gap 25, Eul 26-1, 28, Eul 26-2, Eul 8's testimony of non-party 3, plaintiff 1's questioning result of the first instance court's inquiry into the national veterinary science center, (ju), Eul 2, 15's inquiry into the national veterinary science center of the first instance court (the defendant's 2.5's 1.5's 2.5's 1.5's 2.1's 1's 1's 20's 1's 20's 1's 1's 2's 1's 1's 2's 1's 1's 2's 1's 2's 1's 's 1's 's 's 's 's 's 's 's 's 's 's ''s ''s 's ''.

B. Determination

The following circumstances are: (a) during the first period of using a Copim, the Plaintiff did not collectively close down the balone which was given birth at the Plaintiff farm; (b) after the use of the balone; (c) Nonparty 1’s emotional test conducted by Nonparty 1, who did not use the balone in the Plaintiff’s possession; and (d) Nonparty 1’s balone virus was detected in the dead balone body, etc.; (c) the Defendant, a global pharmaceutical company, requested the balone of the abandoned balone and the balone of the abandoned balone, who was the blood balone of the abandoned balone; (d) notified the Plaintiff of the outcome that it was not favorable to the Defendant; (e) Nonparty 2 requested the balone to conduct a refalone test with the balone of the abandoned balone; and (e) Nonparty 17 of the remaining balone by the Plaintiff’s head office and caused the Plaintiff’s balone’s balone’s balone.

However, in light of the above circumstances acknowledged by adding the above evidence Nos. 2, 3-1 and 3, i.e., (1) the waste death rate of an infant affected by ordinary snow-fighters is 10% before and after, according to the raising environment or the appearance management conditions, the waste death rate can be reduced to less than 1% when taking appropriate preventive measures and treating actively. (2) The National Veterinary Research and Quarantine Service verified the disease of the cattle whose inspection was requested on July 24, 2009 through the news report data that shows that the damage caused to the Plaintiff’s 6th anniversary of its infection, it is difficult to determine that the Plaintiff’s 6th degree of damage caused to the Plaintiff’s 43.1% of its pulmonary disease is the most important factor to the Plaintiff’s 8th pulmonary disease, and the Plaintiff’s total damage caused to the Plaintiff’s 43.1% of its pulmonary disease is also formed by the 60th pulmonary disease.

3. Scope of damages.

(a) passive damage (damage caused by the abandonment of a baby): 319,98,432 won;

Due to the problem of raising children, the transaction should not be made immediately after childbirth, and only after the fact that the volume of six months has been raised, it is possible to make a transaction. As such, the damage caused by the closure of the children in this case shall be calculated by deducting the average raising cost for six months from the average breeding cost of the baby in the state of 6 months remaining after the delivery.

1) In addition to the overall purport of the argument in the result of the Plaintiff’s principal examination, the average waste rate of a newborn baby’s newborn baby for three years from 2005 to 2007, before the Plaintiff farm is infected with a ro virus is recognized as 7.4% (7.3 + 7.7 + 7.3) ± 3). If it is deducted by considering it as a natural waste rate at the time of delivery of a normal baby’s child delivery, the average waste rate of a newborn baby’s newborn baby’s baby for three years from 2005 to 2007, the Plaintiff farm is 1562 (169 x 6%).

2) In addition, the plaintiff was able to sell and profit from the sale of the above 156 children's 156 children's fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys fys f.

3) Therefore, the Plaintiff’s passive damage resulting from the instant white letter is a sum of KRW 319,98,432 (2,051,272 x 156 x 156).

(b) Posive damage: 22,950,000 won (25 disease x 90,000 won, and expenses incurred in purchasing air viruss that the plaintiff purchased over 12 times from February 24, 2009 to January 16, 2010 for the treatment of Lovis disease);

[Grounds for recognition] Gap 12-4, 6, 8, 9, 10, 13, 14, 15, 17, and 22, and the purport of the whole pleadings

C. Limitation on liability

(i) Liability recognition ratio: 50 percent;

2) Calculation: 171,474,216 won

342,948,432 won (319,98,432 won + 22,950,000 won) ¡¿ 50%

D. Sub-determination

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum as stipulated by the Civil Act from March 1, 201 to September 27, 201, which is the date of rendering a judgment of the court of the first instance, and 20% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment, to the date of the suspension of the said KRW 171,474,216 as well as the date of the suspension of the Plaintiff’s class action.

4. Conclusion

Therefore, the plaintiff's claim of this case shall be partially accepted within the scope of the above recognition, and since the judgment of the court of first instance is unfair with different conclusions, part of the plaintiff's appeal shall be accepted, and the part against the plaintiff as to the above order of payment among the judgment of the court of first instance shall be revoked, and the payment of the above money shall be ordered, and the remaining appeal of the plaintiff shall be dismissed as it is without merit

Judge Lee Gyeong-sck (Presiding Judge)