손해배상(기)
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. The following facts may be found either as a dispute between the parties or as a whole by the purport of the entire pleadings:
The plaintiff is a corporation that engages in fishery products distribution business in 1566, Sinsan-si, Sinsan-si, Sinsan-si, and the defendant is a person who engages in active fish farming in the old-gun, Sinan-gun B adjacent to Dongyang-gun B.
B. Around February 7, 2014, the Plaintiff purchased approximately 40,100 g of juth by the Defendant. On the same day, the Plaintiff operated 15 hours in blacksando and unloaded it in the following day.
2. The parties' assertion
A. The plaintiff asserts as follows.
On February 7, 2014, the Plaintiff purchased active fish 40,100 g from the Defendant. Around February 8, 2014, approximately approximately KRW 5,000 g, which was the following day, was discarded. Although the Plaintiff continued to provide medicine treatment, approximately KRW 20,000 g market price for one month was discontinued.
This is because the defendant sold active terms from the beginning.
Considering the fact that the plaintiff purchased active terms only without conducting the initial close inspection, the defendant is liable to pay the plaintiff the damages amounting to the half of the damages suffered by the plaintiff and the damages for delay.
B. As to this, the defendant asserted that at the time of the above active fish sales, the plaintiff's employees inspected the active condition and purchased the active fish at the time of the above active fish sales. Since the reason for the active fish death was caused by excessive loading and management negligence of the plaintiff, the defendant is not liable due to active fish death.
3. The judgment of this Court
A. We examine whether the Defendant’s active sale was above the beginning and thereby the Defendant died.
According to the evidence evidence Nos. 5-1 to 5, Gap evidence Nos. 6 and 7, which was additionally submitted at the trial, the above active language room is recorded as "16:15 tons of shipment at the port of repair, i.e., port of repair. 45 tons" in the log-book of February 7, 2014.