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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On June 2013, the Plaintiff, a person operating the “Eposiwon” located in C and D orchard 4,500 square meters, purchased from Defendant B the “GB1” (hereinafter “Defendant Company”) under Article 3 of the Nposix Co., Ltd., Ltd. (hereinafter “Defendant Company”), and distributed it to the said Gposiwon during the period from July 1, 2013 to July 5, 2013.
B. However, in the course of spraying the instant killing agents, the Plaintiff started with the outbreak of a yellow phenomenon in the sporadation of spolet trees first, and spreaded only to 3,300 square meters, and the remaining 1,200 square meters ceased to spread. However, even though the sporads of spoke trees that had already spreaded the instant killing agents, there has already been a half-yearly phenomenon in the spokeing of sporads.
C. Ultimately, the Plaintiff suffered damages equivalent to KRW 28,620,00 inasmuch as it was impossible to sell the spawn harvested in 2013 as normal goods due to anti-spawnative phenomena attached to spawns. In the year 2014, the yield itself decreased due to damage caused by spawnization of spawn leaves, thereby incurring damages equivalent to KRW 33,495,00 in 200.
The above damages suffered by the Plaintiff were caused by theideide, and Defendant B did not give proper notice of cautions that not only sold the instantide as “theide” before the instantide was listed as organic agricultural materials, but also should not spread the instantide in close vicinity to Alcara pesticide, yellow dust, agents, etc.
In addition, the defendant company should also know the fact that "if this case's insectide is spread in close vicinity to alcarri agricultural chemicals, yellow dust, agents, etc., it may cause an adverse accident." Furthermore, in order to prevent this, the defendant company should indicate that it should spread at its intervals by setting a specific period to the extent that the harmful accident would not occur in the product caution column. However, the defendant company must indicate that it should spread at its intervals.