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(영문) 광주지방법원순천지원 2016.04.22 2014가단15099

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff purchased 100 fish feed of 3 (Lish) for the purpose of fostering the urine produced by the Hasp Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “the instant feed”), and put part of them into the Plaintiff’s Posat farm.

B. Since then, as the Plaintiff’s Moula located in the Plaintiff’s aquaculture, the Plaintiff had confirmed the instant feed that existed in the Plaintiff, and had a lot of fungico.

C. Thus, the defendant company's cocoi in this case's feed produced by the plaintiff company was discontinued. Thus, the defendant company is obligated to pay 30,000,000 won totaling of 24,00,000,000 won, including medicine expenses, etc. for 2 ton of the abandoned pan and 6,000,000 won to the plaintiff as compensation for damages in accordance with product liability or user liability.

2. According to the reasoning of the judgment, Gap's evidence Nos. 1, 3 through 6, and 9 (including paper numbers), and Eul's testimony, the plaintiff purchased 100 feed of this case through D (Representative C) as the agent of the defendant company on June 26, 2013, and partially injected it into the plaintiff's farm. After July 2013, a large number of police officers in the plaintiff's farm, and Eul confirmed that the feed remaining in the plaintiff's farm farm and recovered 34 feed.

However, in light of the circumstances such as the possibility of fung in the instant feed by negligence in the Plaintiff’s storage, the possibility that fung will disappear due to the Plaintiff’s negligence in water quality control or the pollution caused by germs in the Plaintiff’s aquaculture, and there is no proof as to whether fung hazard hazard occurred in the instant feed, the above facts of recognition and the aforementioned evidence alone are produced and sold by the Defendant Company.