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(영문) 서울중앙지방법원 2015.10.08 2014가합503344
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On April 22, 2013, the Plaintiff’s summary of the Plaintiff’s assertion was supplied with 8 tons of swine milk feed by the Defendant, and served as feed to pigs the Plaintiff dried, and thereafter, swine began to die.

According to the results of the diagnostic tests conducted by the Agricultural and Forestry Quarantine Headquarters, as a result of the autopsy on the abandoned pigs, the private death of pigs was cerebral typhism, salphism, heart equipment, and liver damage. As a result of the analysis of the feed supplied by the Defendant, it was found that the addition of the "marinal marin" that should be used only for feed supplied for the supply of gold (chill, ducks, etc.) was made. In light of the fact that the fact that the feed with the marinal marin added was reported, the reason why the Defendant’s swine died was added to the feed supplied by the Defendant.

Therefore, pursuant to Article 390 of the Civil Code or Article 3 (1) of the Product Liability Act, the defendant is liable to compensate for damages suffered by the plaintiff due to the death of the plaintiff's pigs.

B. Comprehensively taking account of the overall purport of pleadings in each of the statements in Evidence Nos. 1, 1, 2, 1-4, 1-5, 15, 16-1, and 2, the court below concluded a contract for the production and supply of mixed feed (hereinafter “instant contract”) around February 2013. The defendant supplied combined feed to the plaintiff on April 22, 2013 in accordance with the instant contract; ③ on April 23, 2013, part of the pigs the plaintiff fright was discarded, ④ as a result of the inspection of the closed pigs, ④ as a result of the inspection of the closed pigs, and ⑤ as a result, the Defendant was a juristic person with the intention of manufacturing and selling feed products; ② the Plaintiff and the Defendant entered into the mixed feed production/supply contract around February 20, 2013.

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