208 Gaz. 28798 Compensation (as referred to in this paragraph)

See attached list of plaintiffs (696 persons residing in Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun)

[Judgment of the court below]

B Seeds Co., Ltd.

Attorney Kim full-time, Counsel for the plaintiff-appellant

September 9, 2008

September 30, 2008

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant's service of 300,000,000 won to the plaintiffs, and whether it is complete from the day after the delivery of a copy of the complaint.

20% interest per annum shall be paid by 20% interest per annum.

1. The assertion;

A. The plaintiffs

Around October 2006, the Plaintiffs purchased non-registered seeds of “C” under the trademark “C” (hereinafter “the seeds of this case”) that the Plaintiffs cultivated and cultivated, and the seeds of this case were found to be contaminated by Austria viral vir viral viral vir (hereinafter “CGMV”) and the symptoms of fral viral fral viral viral viral viral viral viral viral viral viral viral vir. As a result, the growth has increased remarkably compared to that of ordinary years, and the color and fral fral fral fral fral fral fral fral fral fral fral fral fral fral fral fral fral fral fral fr.

B. The Defendant’s seeds of the instant case did not have active CGMV through a dry heat processing, and CGMV is infected by various means, so the Plaintiffs’ damage may not be deemed to result from the pollution of the instant seeds.

2. Basic facts

A. On October 2006, the Defendant sold the instant seeds imported from each seed and seedling agency within the Republic of Korea at each seed and seedling agency within the Republic of Korea.

(2) On November 11, 2006, the Plaintiffs were suspected of being infected by CGMV due to growth decline, yield reduction, etc. other than those dispatched to the facility staff.

(3) Plaintiff - - The - The Minister of Agriculture, Science and Technology requested the National Institute of Agricultural Science and Technology of the Rural Development to examine viruss for the seeds and plants of this case on April 20, 2007.

(4) Around June 1, 2007, the Korea Agricultural Science and Technology Institute confirmed the infection of CGMV from the cGMV test results, such as the instant seeds and the instant seeds, heat straws other than those cultivated as the instant seeds, and the cGMV infections from the cGMV samples. Although the cGMV observation was not performed in the e-site observation of the instant seeds, the cGMV reaction was confirmed from the RT using paper special characteristics in the PCR. (5) On July 9, 2007, the Korea Agricultural Science and Technology Institute failed to discover viruses, such as CGMV, for Non-Party Agricultural Science and Technology Institute, Co., Ltd., Ltd., Ltd., cGMMVs.

B. The characteristics and method of CGMV’s structure (1) consists of nuclear acid (RNA) and its surrounding protein. The nuclear acid and proteination function can be performed as a pathogen that must exist in a cell in normal condition. (2) CGMV’s best pathogen conditions (e.g., activation and density), optimal available stock objects (low resistance degree, growth time), and optimal environmental conditions ( temperature and luminous degree) should be met. CGMV’s structure can be said to be active. Accordingly, in order to determine the existence of survival of CGMV contaminated by seeds, seeds of plants should be brought up normally and verified from these plants. (3GMV’s seeds should not be verified if seeds were not discovered in non-product cGV’s healthy living conditions.

(4) When CGMV, contaminated by seeds, maintains the activation of plants, and if the vegetable disease occurred during cultivation, it is highly likely that CGMV might be transferred to the plant body in a vegetable manner, such as cGMV’s hand, surine, surine, and vegetable, etc., and the seeds of Non-Party 5GV’s vegetable disease treatment method, including cGMV’s vegetable vegetable vegetable vegetable and vegeical vegeical vegetable vegetable vegetable vegetable vegetable vegetable vegetable vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vege vese.

C. On July 16, 2007, the Korea Consumer Protection Board and the National Seed Inspection Office (“Korea Consumer Protection Board”) – the Plaintiff 1 – the 705 others filed an application for remedy for damages against the Defendant at the Korea Consumer Agency. On November 16, 2007, the president of the Korea Consumer Agency requested the Consumer Dispute Mediation Commission to conduct collective dispute settlement on November 16, 2007. (2) the Korea Consumer Agency did not request the Defendant to conduct the 3G infection infection verification tests on the instant seeds 5 and 3 large seeds samples on November 16, 2007. (3) The National Seed Board did not request the Defendant to conduct the 6G infection infection verification test on the ground that it was difficult for the Defendant to separately verify the 3G virus infection infection infection infection from the 10th day of December 18, 2007 to February 15, 2008.

[Ground of recognition] Facts without dispute, Gap 3, 4, 6 evidence, Eul 2, 4, 6 through 9, and the purport of the whole pleadings

3. Determination

As seen earlier, as the result of the examination conducted by the National Institute of Agricultural Science and Technology, the sole infection of CGMV is confirmed in non-viral fruits and leaf samples, and the reaction to train CGMV using non-frals in the instant seeds is confirmed in the PCR diagnosis. However, as seen above, CGMV can be said to be active; in order to ascertain the existence of existence of CGMV contaminated by seeds, it is necessary to grow plants in a normal way and examine viruses in this plant; even if seeds are contaminated by non-viral CGMV, there is no difference between the Plaintiff’s disease and bio-viral capacity in the process of growth from the seeds to the plant, and there is no other important evidence to find that CGM-VG infection’s disease or non-viral disease treatment method in light of the fact that there is no difference between the disease and bio-viral capacity of CGV in the process of growth from the seeds to the plant, and there is no method of diagnosis or non-viral disease treatment of the relevant seeds resources.

4. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.

Judge 1 of the presiding judge

Judges Kim Ho-ho

Judges Cho Jong-tae