1. The plaintiff's claim is dismissed.

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

1. Determination as to the occurrence of liability for damages caused by nonperformance

A. The following facts may be acknowledged either in dispute between the parties, or in addition to the whole purport of the pleadings, as stated in Gap evidence 1, Gap evidence 2-1 to 3, Eul evidence 3-1 to 26, Eul evidence 9-2 and 3.

1) The Plaintiff is a company established for the purpose of processing, manufacturing, and distribution services of ginseng and ginseng-related products. The Defendant is a company established for the purpose of manufacturing, selling, importing, or subdividing food and drugs.

B) On February 21, 2014, the Plaintiff and the Defendant, the health functional food, “Korea-China portion” and “Korea-China capsule” (hereinafter “instant products”).

(2) The manufacturing consignment agreement (hereinafter referred to as “instant agreement”)

(2) The product of this case is a health functional food containing white paper powder in which the product of this case was intended to use the product of this case in accordance with the above manufacturing consignment agreement. The product of this case is as follows. The product of this case was manufactured in accordance with the above manufacturing consignment agreement with the raw material code H - 180 - 111 red ginseng powder (six years old) - red ginseng powder (six years old) - 09 - 111 - red ginseng powder (six years old), 09 - 111 Doro powder powder - 180 - 180 - 180 - 23 - 23 - 11100 raw water powder powder - 23 - 02 - 1111, c) and supplied the product of this case to the Plaintiff, and the Defendant supplied the product of this case to the Plaintiff with the price of 3680,680

2) On May 13, 2015, the Daejeon Regional Food and Drug Safety Agency issued an order for recovery of the product of this case (hereinafter “instant order for recovery”) on the ground that the Plaintiff’s “Korea Food and Drug Administration”, which was distributed in the city, detected “Korea Food and Drug Administration,” which is a kind of block and similar to blocks, rather than blocks, was detected. The Plaintiff’s product is the Plaintiff’s product.