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(영문) 서울남부지방법원 2018.11.20 2017가단244911
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 7, 2015, the Plaintiff was diagnosed with four dives of chronic bean disease due to chronic retardation infections.

B. The Defendant is a seller of “C” (hereinafter “instant product”), and the Plaintiff purchased the said product on August 17, 2015 and took it back until December 2015.

C. On December 21, 2015, the Plaintiff was diagnosed with five chronic bean illness.

As a result of the appraisal, it is extremely rare and continuous progress to recover and maintain the function of expansion despite appropriate treatment for the chronic bed diseases due to chronic bed diseases.

As a general external factor causing aggravation of the function of kidne, there are not adjusted high blood pressure, clothes of kidne toxic drugs, suspension of taking kidne drugs, etc.

Comparing the Plaintiff’s death penalty rate between August 2015 and December 2015, it can be deemed that the Plaintiff reduced the amount higher than the predicted amount.

If it is judged that the proof of bad blood pressure seems to be strong in the kidney tissue examination, it is judged that the adjusted blood pressure has a significant impact on the aggravation of new function.

The main ingredients of the instant product do not appear to be directly related to the aggravation of the kidne function.

The plaintiff is judged to be able to rapidly deteriorate the increased function due to the aggravation of high blood pressure when taking a large quantity of water together with the product of this case without using a low-sloaking agents due to the significant decline in the capacity of discharging hydrogen and salt, so it is determined that the water can be accumulated when taking a large quantity of water together with the product of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, result of entrustment of appraisal to D Association President, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the effect of the product of this case is exaggerated, the plaintiff's deceptions the plaintiff to suspend the use of the medicine prescribed by the plaintiff, and instruct the plaintiff to wear the product of this case together with excessive quantity for four months, so that vision, expansion, and hearts can be used.

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