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(영문) 서울중앙지방법원 2015.12.08 2014가합540213
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], entry in Gap evidence 1, 3, 4, 11 (including provisional numbers; hereinafter the same shall apply), Eul evidence 5, and the purport of the whole pleadings;

A. The Plaintiff is a person operating a tombstone with the trade name of Ansan-si B, Ansan-si, and the Defendant is an agricultural company that developed and cultivated seeds, such as Saturdays, and sells seeds, jointly with a seeds and seedlings company in Japan.

B. The Plaintiff is a plant variety used mainly from the Defendant from April 25, 2013 to August 22, 2013 for a large purpose in the cultivation of Saturdays-brobing.

Seed 127 Sheet(1,000) purchased seeds.

C. Since then, the Plaintiff supplied some of the seeds to indigenous farmers located in the detailed map of the group where the said seeds were buried and buried in one’s own grave site, and supplied them to them. The Plaintiff supplied the said eggs from the Plaintiff, and the Plaintiff was supplied with leaves from the farmers in several areas where the seeds were frightened and the horse was blighted.

2. As to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Defendant supplied the Plaintiff with earthtoma seeds infected by Walchi disease germs and caused the above earth to the Plaintiff. Therefore, the Defendant is liable to compensate the Plaintiff for damages arising from incomplete performance of the sales contract.

B. In view of the following facts and circumstances, it is insufficient to acknowledge that the Defendant’s seeds supplied by the Defendant were infected with the hospital germs solely on the ground that there was an outbreak of soil-to-mathic disease on the refined crops with the seeds supplied by the Defendant, and there is no other evidence to acknowledge otherwise, and it is difficult to eliminate the possibility of infection due to the Plaintiff’s burial process or any other circumstance.

1. The plaintiff is about the seeds of 13 salary class supplied by the defendant around June 10, 2013.

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