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(영문) 광주지방법원 2017.06.14 2016나55055
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant and the plaintiff's claims expanded by this court are dismissed.

2. The appeal costs.

Reasons

1. Basic facts

A. The Defendant is a person operating a restaurant with the trade name D in Ulsan-gu C.

B. On October 15, 2015, the Plaintiff filed a civil petition with the North Korean Office in Ulsan Metropolitan City, Ulsan Metropolitan City, on the grounds that foreign substances seen to be petle in the chines among the Do, on the grounds that the delivery of china and china sets was found in the china, which had been drinking by delivering china and china in the above D.

C. On October 21, 2015, according to the Plaintiff’s civil petition report, the public official in charge of the environmental sanitation and public official in the North-gu, Ulsan Metropolitan City’s office visited the Plaintiff’s home to confirm the fact of filing a civil petition, and collected credit card sales slip 1, 4-dried salt packaging paper 1, and 5-dried water presumption evidence.

On October 26, 2015, the hygiene supervisor of the North-gu Busan Metropolitan City, North Korea Office made a business trip to D, which is a business establishment subject to civil petition reports, and conducted a sanitary inspection. After checking the defendant's violation of Article 7 (Standards and Specifications for Foods or Food Additives) of the Food Sanitation Act, the defendant prepared a confirmation document that "on October 15, 2015, around 1:00 p.m., at the plaintiff's own home, delivery of 1 sheet and 1 sheet for brap in the food so that they are stored in brap with the business owner". The document was prepared to confirm that the defendant's violation of Article 7 (Standards and Specifications for Foods or Food Additives) of the Food Sanitation Act.

E. On November 10, 2015, the head of Ulsan Metropolitan City North Korea issued a corrective order to the effect that the Defendant should thoroughly manage sanitation, such as business operators, pursuant to Article 71(1) of the Food Sanitation Act and Article 89 of the Enforcement Rule of the same Act, on the ground that he/she violated Article 7 of the Food Sanitation Act by cooking and selling food containing foreign substances to customers.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, fact-finding inquiry and reply to the North-gu Office of Ulsan Metropolitan City, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion D is a petle that can be found in livers found in livers, among the Does that were drinking by delivering livers and sugars in D.

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