손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a corporation that operates the planting and selling business of agricultural products, such as seedlings, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a corporation that runs the business of manufacturing fertilizer and nitrogen compounds.
B. On April 21, 2019, Defendant C received dump truck 6 large volume of fertilizers (hereinafter “the instant fertilizers”) from Defendant B without compensation, and transported and supplied the instant fertilizers to the Plaintiff. around that time, the Plaintiff rootsd the instant fertilizers into the land of Gangseo-si, Gangnam-si, etc. (hereinafter “instant land”). At around that time, the Plaintiff planted dump tree seedlings, etc.
(c)
However, most of the growing number of the growing tree seedlings, etc. planted on the land of this case began to be dead after May 2019.
(d)
On the other hand, Defendant C received a total of three million won from the Plaintiff on April 29, 2019 and May 23, 2019 with respect to the transportation and supply of the fertilizer of this case.
[Grounds for Recognition] Unsatisfy, Gap's entries or videos (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Defendant B manufactured the instant fertilizer, a defective product, and Defendant C sold the said fertilizer, which had such defect or defect, to the Plaintiff as it is. As a result, the soil condition of the instant land that the said fertilizer spreads to the Plaintiff, which led to the Plaintiff’s death.
Therefore, Defendant B is the manufacturer’s damages under Article 3 of the Product Liability Act, and Defendant C is jointly and severally liable to compensate the Plaintiff for the total amount of KRW 42 million (=the total amount of KRW 3 million paid out of the purchase price of the fertilizer of this case KRW 4 million) to the Plaintiff as damages for nonperformance of the seller’s obligation.
(b) judgment;