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(영문) 대구지방법원안동지원 2019.06.26 2016가단22684
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts without dispute;

A. In order to cultivate sewage, around February 2015, the Plaintiff supplied 25 tons of compost truck 12 ton (64 tons of compost, 60 tons of compost) and 540 km (20 km per 1 minute (20 km) from the Defendant, who manufactured and sold composts, etc. (hereinafter “instant soft”) around 25 tons of freight truck 12 ton (hereinafter “the instant compost”).

B. C, on April 18, 2015 and April 22, 2015, approximately 3,000 square meters of approximately 523,948 square meters of forests and fields D (hereinafter “instant land”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”), distributed six parts of the instant retirement expenses, one half of which is one of the total discharge.

C. Since then, the Plaintiff cultivated sewage sewage on the instant land, but all of the tests were dead.

2. Judgment on the defendant's main defense of safety

A. On November 19, 2015, the defendant's assertion that the defendant settled the payment of retirement expenses of this case with the plaintiff on November 19, 2015, and this is an agreement to bring an action.

B. The Plaintiff and the Defendant did not have reached an agreement on the claim for damages arising from the retirement expenses of this case with only the statement of No. 2-1 (meri) of the evidence No. 2, and there is no other evidence to support this. Therefore, the above assertion by the Defendant is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion dusts the retirement expenses of this case supplied by the Defendant to cultivate sewage on the instant land, and around May 2015, the Plaintiff tried to kill sewage on the instant land, but did so. In other words, on July 6, 2015 and July 28, 2015, the Plaintiff saw seeds to grow fry by planting them, which was newly discovered, but was dead. This was due to the retirement expenses of this case.

Although the defendant should make and sell composts that do not contain harmful substances, such as cancer gas, with the complete luxity of the defendant, the sewage of this case on the land of this case was all dead due to negligence in selling the composts.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by tort, product liability, and contractual liability as follows.

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