beta
(영문) 의정부지방법원 2014.10.16 2014나3635

손해배상

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the overall purport of statements and arguments as to Gap evidence Nos. 1 through 5 and 8, the fact that the plaintiff, a wholesale market corporation, who sells agricultural products, was awarded a 317 gambling service by auction from the defendant who is a wholesale market corporation on Jan. 25, 2013 (hereinafter "instant party service") for the 317 gambling service. However, the fact that the above party service (which is allowed to sell the domestic party service only with soil, and the imported party service can only be sold only with being cleaned) known that the plaintiff's remaining 148 gambling service after selling the agricultural products is the income party service.

2. The plaintiff's assertion that the defendant is a consignment corporation and sold to the plaintiff the plaintiff the sales of the party root of this case, which is the place of illegal import prohibited from circulation from A. The defendant, the commission agent, is obligated to pay the plaintiff the damages amounting to 12,432,00 won (=148 gamblings x 84,000 won) for the damages equivalent to the sales price for the party root which was discarded due to the above defects.

In addition, the defendant shall not sell any of the following foods, etc. or gather, manufacture, import, process, use, cook, store, subdivide, transport or display such foods, etc. for the purpose of sale:

6. Those the import of which is prohibited, or those imported without filing an import declaration under Article 19 (1), and those who produce, process, sell (including communications sale; hereinafter the same shall apply), or store and display for the purpose of sale, agricultural and fishery products or the processed agricultural and fishery products prescribed by Presidential Decree under Article 5 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products and Article 5 (1) 1 of the Act on Origin Labeling of Agricultural and Fishery Products shall indicate the following places of origin:

1. Agricultural and fishery products and Article 6 (1);