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(영문) 서울중앙지방법원 2015.01.09 2013가단181665
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company that engages in the development, etc. of cell therapy using stem cells, and Defendant E is the representative director of the Defendant Company, and Defendant F is an employee of the Defendant Company.

B. On December 29, 201, the Plaintiffs entered into a contract for the storage and distribution of the stem cell cells extracted from the Defendant Company to their local areas, and paid KRW 10.2 million to the Defendant Company; the Plaintiff Company paid KRW 2,885,750 on December 29, 201; and the Plaintiff Company paid KRW 10.2 million on December 24, 201, for the expenses for the storage and separate distribution of the stem cell 100 million stem cell cells; and the Plaintiff Company paid KRW 3.5 million on December 10, 201, for the expenses for the storage and separate distribution of the stem cell 10,000 won, and on December 28, 2012, for the expenses for the separate distribution of the stem cell 200,000 won.

C. The Plaintiffs, upon introduction by the Defendant Company, used their own stem cells stored in the Defendant Company to undergo stem cells from abroad; Plaintiff A received stem cell 2.5 billion stem cells from a hospital injured in China around January 17, 2013; around March 19, 2013, the stem cell 2.5 billion stem cells were administered at a hospital located in the Dacoka; and Plaintiff B received stem cell 30 million stem cells from a hospital located in the Macoka on March 19, 2013.

[Ground] Evidence Nos. 3 and 9, and the purport of the whole pleading

2. Determination

A. (1) The Plaintiffs’ assertion (1) tort liability Plaintiff A has the first-class visual disability and the second-class chronic renal failure, and Plaintiff B suffers from hive disc diseases.

Defendant F made a false statement to the Plaintiffs that “a stem cell procedure is recovered from the time of the stem cell procedure, and all influences, such as a new colonies, etc.” The sexual stem cell obtained permission from the health care authorities.” The Plaintiffs entered into a stem cell storage contract with the Defendant Company, and received stem cell procedure in Japan and China.

The Defendants are against the Plaintiffs.

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