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(영문) 대전지방법원홍성지원 2017.07.11 2016가단1328
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who raises salt in a farm located in Chungcheongnam-gun, Chungcheongnam-gun, and the Defendant is a corporation established on December 11, 1989 for the purpose of manufacturing and selling feed.

B. From May 2013 to October 2015, the Plaintiff supplied “bio-feed” from the Defendant to the Defendant’s “bio-feed” and brought it to the salt that the Plaintiff raised.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion contained foreign substances, such as the string, spump, spump, and spump, in the feed that the Defendant supplied to the Plaintiff. From April 2014 to January 2016, 24 mari, among the Plaintiff’s salts, was discarded.

Therefore, the Defendant is obligated to pay 50 million won and delay damages to the Plaintiff out of the salt price of KRW 109,122,000,00 for the damages incurred to the Plaintiff (i.e., KRW 10,122,00 for the total amount of KRW 52,00 for the total amount of KRW 10,122,00 for the total amount of KRW 52,00 for the total amount of KRW 47,00 for the salt price).

B. According to the reasoning of the judgment, the facts that part of the Plaintiff’s assertion was included in the feed supplied by the Defendant, and the fact that at least 20 percentage of the salt produced by the Plaintiff from April 2014 to January 2016, among the salt produced by the Plaintiff, is recognized.

However, as to whether the causal link between the waste death of the above salt and the foreign substance included in the feed supplied by the Defendant can be recognized, the following circumstances, namely, ① the Plaintiff’s raising of approximately 300 marine, and the Plaintiff’s 24 marine from April 2014 to January 2016, since the 22-month waste is about 13 marine, the average waste gas per year is about 13 marine.

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