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(영문) 대전지방법원공주지원 2016.11.17 2015가단3111

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a farmer who cultivated a drilling in eight greenhouses installed in Cheongyang-gun B, C, and D and sells it to the Defendant.

B. At around 10:40 to 11:00 on July 15, 2015, and around 08:30 to 09:00 on July 16, 2015, E, an employee of the Defendant, distributed an agrochemical in the name of Cheongyang-gun F, G in the area, each of whose pesticide is located in the name of Cheongyang-gun, Cheongyang-gun, G in the area, including three islands adjacent to the said greenhouses, by means of air control using unmanned helicopter.

C. However, E did not give prior notice to the Plaintiff at the time of each aviation pest control measure as above.

Accordingly, the Plaintiff did not take measures such as shutting the opening or closing machine so that the Plaintiff’s greenhouse, which was in the vicinity of the aviation pest control area, does not enter the pesticides spreaded by air pest control inside the Plaintiff’s greenhouse at the time of the above aviation pest control.

Accordingly, some of agrochemicals scattered by E as a result of air pollution response were scattered into the Plaintiff's greenhouse, and some of the greenhouses were used in the wind inflows.

(c) Agrochemicals of Bolipha shall be composed of 8% chlorant oil (chlorant oil) and 16.5% , etc., and 4 lance per 20 square meters of water in cases of drilling as pesticides that are scattered on the harmful insects of drilling, drilling, straw, waves, rice, and urine (including solar drilling).

(C) In response to the air pest control of rice plants, the dilution concentration is 400 ml. Azine is 7.01% of Aststrus (azxysbin) and 11.7% of strokes (propiconzine) and is used for the blight and insect of rice.

(The dilution concentration at the time of air pollution response is 2.5 liter per water 20 liter (the basis for recognition: the fact that there is no dispute between the parties, the entry of Gap evidence 4-6, each entry of Gap evidence 3-1 and 2, part of Gap evidence 3-2, the video and the purport of the whole pleadings of Gap evidence 1)

2. Determination on the cause of the claim

A. E, the Defendant’s employee, the main point of the Plaintiff’s assertion, is the Plaintiff’s vinyl house.