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(영문) 의정부지방법원 2017.07.20 2016나61796
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. As a result of examining the plaintiff's grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the court's explanation of this case is based on the reasoning of the judgment of the court of first instance as to "the plaintiff's assertion and judgment" of No. 2 of the judgment of the court of first instance No. 14 as "the judgment on the principal claim", and the plaintiff's assertion are not sufficient to recognize the plaintiff's assertion as evidence submitted at the court of first instance, and each statement of No. 50 through No. 56 of the evidence (including the branch number in the case of serial number) is rejected. The plaintiff's supplementary claim added at the court of first instance is identical to the statement of the reasons for the judgment of the court of first instance except for the addition as follows.

2. Determination on the conjunctive claim

A. The Defendant did not properly explain to the Plaintiff that the instant medicine does not function as an environment-friendly organic farming material.

피고의 이러한 설명의무 위반으로 인해 원고는 종자소독에 실패하였고, 결국 원고의 밭에 깜부기병이 발병함으로써 율무 수확을 거의 하지 못하는 손해를 입었다.

Therefore, the defendant is liable to pay the plaintiff the money stated in the claim as compensation for tort.

B. In light of the various circumstances as seen earlier, the evidence submitted by the Plaintiff alone cannot be deemed as having violated the duty of explanation as a pesticide sales shop in the course of selling the instant medicine to the Plaintiff, and there is no evidence to acknowledge otherwise.

Therefore, the Plaintiff’s above assertion is without merit to examine further the amount of damages.

3. Conclusion, the plaintiff's primary and conjunctive claims of this case are all dismissed as it is without merit, and the judgment of the court of first instance on the primary claims is legitimate, and thus, the plaintiff's primary claims are justified.

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