1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person who engages in the distribution-specialized sales business under the trade name “C” in Daegu-Sagu.

B. On November 9, 2017, the Defendant issued a disposition to impose a penalty surcharge of KRW 9.6 million in lieu of two months of business suspension pursuant to Articles 75 and 82 of the Food Sanitation Act on the ground that the Plaintiff violated Article 13(1)1 of the same Act by advertising the content of “E and F” (hereinafter “instant food”) on the website (D) of the headquarters of “C” (hereinafter “instant food”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is merely an objective indication of the patent acquired by the plaintiff with respect to the product of this case, and is not a false or exaggerated advertisement, but is unlawful since the defendant's disposition based on a different premise infringes on the plaintiff's legitimate patentee's rights.

B. According to Article 2, subparagraph 1 of the Food Sanitation Act, food subject to the determination 1 is excluded from pharmaceutical products from the beginning.

Therefore, even if the general food has the efficacy of treating a disease, unless it is approved as a food by the Food Sanitation Act, and unless it is approved as a medicine, if it uses an expression that is likely to confuse with the medicine in labeling or advertising the food, it goes beyond the scope as an indication or advertisement on the food, and thereby causes danger and injury to the consumer's health by itself as a false indication or an exaggerated advertisement on the food quality.