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

A. Transaction, etc. of multiple extractions, such as white dives and dives between the Plaintiff and the Defendant

1) On November 2012, the Plaintiff entered into a contract with the Defendant to be supplied with complex drillings, such as white water (hereinafter referred to as "combined extractions of functional ingredients for health functional foods") with the following content (hereinafter referred to as "instant supply contract"), and was supplied with aggregate extractions of KRW 4.2 billion from the Defendant until April 30, 2015 according to the above contract, and manufactured and sold health functional foods, such as yellow water and white water.

A person shall be appointed.

2) The term "standards for quality control of composite extractions, such as white water, etc." (hereinafter referred to as "quality control standards") determined by the Plaintiff is as shown in attached Form 1.

3) On the other hand, with regard to combined extractions recognized by the Ministry of Food and Drug Safety No. 2010-20, the Defendant reported the manufacture of functional food products pursuant to Article 7 of the Health Functional Foods Act (hereinafter “Health Functional Foods Act”) on May 26, 2010. The Defendant added the manufacturing method to raw materials made by mixing 1:1.08 percentage of 1:1.08, and then extracted from at least 95°C, and reported the manufacturing of the combined materials by melting the heat extraction amount.

(b) the presentation, etc. of the Korea Consumer Agency (hereinafter referred to as the "Consumer Agency") with respect to fake water;

1) Publication by the Consumer Board and press reports

A) On April 21, 2015, the Consumer Board published the news report data of the title “large number of white-water products in circulation in the city”, and the specific content is as follows.

While there is a growing number of 00 00 o0 o o o o o o o o o o o o o o o o o o o o o o o o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o's o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o's o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o. o.

It is expected to request investigative agencies to investigate.

B) The media companies have reported the contents of the above news report materials, etc. from the consumer source on the title of 's 60% or more of the 000s or more of the 60% of the 000s or more of the 60% of the 00s or more of the 60s or more of the 0

2) Announcement of the Food and Drug Administration

A) On April 30, 2015, the Food and Drug Administration published the news report data of the title “the outcome of the examination on whether there is any combination of boomo products with boomo products”, and the main contents are as follows:

As a result, the Defendant supplied 00 p.m. raw materials from the supplier of 00 p.m. on March 27, 206, and collected 00 p.m. raw materials from 3.26. 3. 26. 3., and inspected 'P.m. standard collection method for raw materials used' and 'P.m.' method for determining f.m. raw materials used outside the Republic of Korea. The 00 p.m. raw materials confirmed that f. p.m. is not mixed with f.s. p.m. from 2. 17. 2014. The date of f.m. storage can vary from f.s. 17. 201. 4.m. raw materials manufactured by 00 p.m. from 4.m. to f. food manufacturing and processing industry, it did not permit f.m. manufacturing and processing industry to use them as food raw materials because of lack of food experience and use condition.

In addition, administrative measures, such as collection, are taken according to the results of special inspection, collection and inspection, and a plan to prepare and present a proposal to improve the system based on the results thereof.

B) On May 26 of the same year, the Food and Drug Administration announced the news report data on the title “the collection of the entire quantity of fakes confirmed to be mixed with flusium.” The specific content is as follows.

(1) As a result of inspection of 128 127 scams in circulation among 721 products reported as 300 scams using mercury. 700 scamscamscams were detected in total of 40 products, including 1 functional health foods and 39 general food. Other 10 products were not detected scamscamscamscams, and 157 products were destroyed in the manufacturing stage such as heating and pressure, and were not able to verify scamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscamscam.

[Ground of Recognition] In without dispute, Gap evidence Nos. 1, 2-1, 2-2, Gap evidence No. 3, Gap evidence No. 4-1, 2, Gap evidence No. 5-1 through 26, Gap evidence No. 8-2, Gap evidence No. 15, 18, and the purport of the whole pleadings

2. The assertion and judgment

A. Summary of the plaintiff's assertion

The Defendant is liable to compensate for the Plaintiff’s damage as a result, since the Defendant’s nonperformance or unlawful act, which was produced and sold by the Plaintiff as a composite extraction supplied by the Defendant, exchanged, refunded, returned, and sold functional health foods, which were not sold, composite extractions supplied by the Defendant, and ancillary materials, etc. are discarded.

(1) In accordance with the instant supply contract, the Defendant produced a composite extraction without containing oppy, and supplied the Plaintiff with a composite extraction containing oppy, despite the fact that it is necessary to accurately state the content of the raw materials and ingredients, the Defendant supplied the Plaintiff with the composite extraction containing oppyium.

② Meanwhile, Article 3(1) of the Product Liability Act provides that a product shall compensate for property damage caused by a product defect. The above Act includes not only the product defect but also the product defect (Article 2), and the Act on Fair Labeling and Advertising (hereinafter referred to as the "Indication Advertising Act") prohibits false or exaggerated indication that might undermine fair trade order as an act of labeling or advertising that is likely to deceive or mislead consumers (Article 3). In addition, the Defendant merely indicated 100% of the product as a product with an advertisement for multiple extractions and did not indicate all the content of the eurine, which is in violation of the above legal provisions.

B. Determination as to the assertion of violation of the instant supply contract (the above assertion)

1) When entering into the instant supply contract with the Plaintiff, the Defendant agreed to supply the Plaintiff with composite extractions recognized as functional ingredients No. 2010-20 of functional ingredients for health functional foods. The method of manufacturing composite extractions recognized as the Plaintiff’s number No. 2010-20 of food and beverage treatment plant was to administer refined water into the raw materials mixing with 1:1.08 of 1:1.08 and to extract heat, and to build heat extractions, and to manufacture them with concentration of heat extractions. Under the quality control standard that the Plaintiff would be subject to the instant supply contract, the Defendant provided that the complex extractions of raw materials are limited to 00, 00, 1.00, 1.00, 1.00, 1.00, 2.00, 2.00, 1.00, 2.00, 2.00, 2.00, 1.00, 1.00, 2015, 3.0, 3.1.0, 1.00.

2) However, in light of the following circumstances where evidence and evidence as mentioned above were stated in the evidence Nos. 9, 11, 12, 15, 17, and 18, and the fact-finding results of the Korean Association of Toxic Studies, an incorporated association of this court, were known through the whole purport of the pleadings, it is insufficient to acknowledge that the Defendant supplied the Plaintiff with a composite extraction containing the eurient ingredient, and there is no other evidence to prove otherwise.

① There is no direct evidence to deem that the combination of extraction products supplied by the Defendant to the Plaintiff contains fluorium ingredients.

② As a result of the investigation conducted at the consumer source and the Food and Drug Center, the Defendant’s Ethical ingredients were detected from the raw materials of lebane, which were put into the Defendant’s lebane factory on March 26, 2015 and on March 27, 2015. 3 Meanwhile, on January 22, 2015, the Food and Drug Center collected and inspected the white lebane and the combined lebane, which were kept in the Defendant’s lebane factory, and issued a determination of conformity with the Plaintiff’s sexual and net test. (iv) Even if the Plaintiff’s assertion was not detected from the products related to the combined extraction, the Plaintiff’s lebane and the products related to the combined extraction were exchanged, refunded, or returned at the Defendant’s risk of controversy over raw materials.

3) Even if the combined extractions supplied by the Defendant to the Plaintiff contain foreign source elements, in light of the evidence Nos. 4-1, 9-2, 17, 18-5, and 19-5 of the evidence Nos. 4-1, 9-2, 10-1, 17, 18-2, and 19-5 of the evidence Nos. 19-2, and the fact-finding results on the Korean Toxic Academy, which is an incorporated association, and the overall purport of oral argument, it is difficult to readily conclude that the Defendant violated the instant supply contract solely on the sole basis that the Defendant’s combined extractions supplied to the Plaintiff contain somewhat foreign source elements.

A) As a result of the investigation conducted by the consumer source, such as the mixing ratio of fluorium, which was detected in the Defendant’s factory, and by the Fluorium and the prosecution, the mixing ratio of fluorium detected in the Defendant’s plant and head office was 3% average, and more than half of sampling, it was confirmed that the mixing ratio of fluorium was less than 1%.

B) Whether there is a hazard to hysium

The Food and Drug Administration determined that there is no risk to human body due to the consumption of products mixed with emulsium, when comprehensively taking into account the cases of China and Taiwan which recognized emulsium as food raw materials from the news report materials of April 30, 2015 and the results of the Korean Toxic Society Consultation. However, the Food and Drug Administration announced that it did not allow the use of emulsium as food raw materials because there is no food experience, absence of usage, and materials about the actual condition of use, not from the safety issues in Korea (the Food and Drug Administration announced that the food and Drug Administration, on August 22, 2017, in the case of administration of emulsium of emulsium in the form of heat extraction as a result of animal testing (2,00 g/g). In the case of administration of emulsium in the form of powder, it appears that there is no concern that emulsium might decrease emulsium from low capacity (500 g/7) to 200 g (300 g).g).

(C) difficulties in excluding mixing of booms with booms;

① Since the leappropy is similar to the leapopic composition, it is difficult to completely block leappropy while cultivating leappropys.

(2) There are various methods of inspection on the PCR method (PCR method, IPE method, processed food identification method, Korean Medical Institute Act, etc.), but there is no method of scientific common identification or authorized method of inspection, and even if the PC method assessed as the most excellent technology is conducted, the possibility of failure to identify the PCP cannot be ruled out.

D) Whether functional health foods violate the Health Functional Foods Act

Article 14.1.4 (2) (b) of the Health Functional Foods Act provides that "the criteria and specifications of health functional foods determined and publicly notified by the Minister of Food and Drug Safety pursuant to Article 2.1.4 (1) of the Food and Drug Functional Foods Act shall meet the food standards and specifications of 2.5.5 of the Food and Drug Standards," and "food standards and specifications" shall not contain foreign substances above the extent that food is not removed above in the process of processing raw materials and contaminated non-sanitary substances: Provided, That this shall not apply to foreign substances where other plants or raw materials are not completely removed from the process of processing substances, such as labels or sand of other plants or raw materials, and their quantity are less than the extent that there is no possibility of undermining the health of the human body." In light of the above, it is difficult to see that there is no possibility of excluding alien substances from being harmful to lebane, ingredients of lebane, or lebane to lebane, even if the defendant did not process them in the process of removing leburine.

4) Therefore, it is difficult to accept the Plaintiff’s assertion premised on the Defendant’s breach of the instant supply contract.

C. Determination of violation of the Product Liability Act, etc. (hereinafter above assertion)

In light of the aforementioned circumstances and the overall purport of the arguments, i.e., the following facts: (a) there is no evidence that the Defendant’s multiple extractions supplied to the Plaintiff contain eurine ingredients; (b) there is no evidence that the Defendant’s multiple extractions contain eurine ingredients; (c) there is no evidence that it is deemed that the Defendant’s multiple extractions supplied to the Plaintiff contain eurine elements harmful to the human body; and (d) there is no evidence that the Defendant’s false or exaggerated description is insufficient to acknowledge that the standard specifications set forth in the quality control standard of the supply contract of this case include eurines, ingredients (Cinnamic Acid, non-incid, non-incidid, non-incidid, cadmium, and total number), although there is no evidence about eurine ingredients. In light of the above, even if the Defendant did not state eurine ingredients in the combined extractions supplied to the Plaintiff, or that there is no evidence about the possibility of containing eurine ingredients in the combinations.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Gin-won

Judges Go Sung-sung