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(영문) 의정부지방법원 고양지원 2018.11.30 2018가단75753
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On March 2016, the Plaintiff was a company that produces and sells dental drugs, cosmetics, etc., and entered into a contract with the Defendant on the supply of MIAM CR 200 km (hereinafter referred to as “instant global active agents”) with the Defendant.

Around May 12, 2016, the Defendant supplied the Plaintiff with the instant map active agents, and received KRW 90,000 from the Plaintiff on the 19th day of the same month.

After that, the Plaintiff manufactured the storage product using the storage agents of this case as the raw materials, and supplied them to C and D (hereinafter “Plaintiff’s customer”).

In the instant mountain active agents, the article was reported to the effect that “The instant ingredients were harmful substances that caused the saccination situation, and some saccination products were detected,” on September 2016, 2016.

As a result, the Ministry of Food and Drug Safety conducted a complete inspection on 3,679 products in Korea, the Plaintiff confirmed that the products include the ingredients of this case, E, F, G, etc., and 149 products are prohibited from selling and collecting them.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 10 (including partial number of heading, hereinafter the same shall apply), and the purport of the whole pleadings were known to the plaintiff at the time of the supply contract of this case that the plaintiff would manufacture the substance as raw materials. The purport of this case was that the ingredients of this case should not be included in the stoves as a hazardous substance, which was the cause of the stoves coungic agents, and it was natural under the supply contract of this case.

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