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(영문) 서울중앙지방법원 2017.04.12 2016가합30130
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 23, 2013, the Plaintiff imported 2,041 disease 2,577km (hereinafter “the product of this case”), which is a health functional food manufactured by the company from the Neman Pty Ptyd of Australia (NLLPD).

B. The product of this case is a product that injects oil into a caps manufactured by diesel nicotine derived from cattle, and the Korean language labels of the product of this case manufactured by the Plaintiff also indicate “bulules: diesel nicotine and glycerolol.”

C. During the import declaration process of the instant product, the Plaintiff was demanded to submit a production country’s government certificate that the Plaintiff used the materials of healthy anti-pets not infected with bovine spongiformiform encephalopathy in relation to the instant product in relation to the raw materials of the capsule.

The Plaintiff: (a) filed a certificate with the Australian Chamber (No. 5 No. 33, 45, 52, and 65 pages) that the Australian Chamber of Commerce and Industry certified as a authenticity, which was not a production government certificate issued by the government authorities of the Australia’s country; (b) filed an import declaration; (c) the above certificate states that “the instant product was not used as raw materials directly supplied in cattle, salt, and quantity; and (d) scooren was derived from plants; and (c) the said product was the product; (c) the product was the product derived from the plant, and thus, (d) the product was written with the content that “BE Duvine Spi-form Enalopathy, Enithalopy, Enithalopy, Esthropathy, Enthalopthy, infectious bovineiformiform, bovineiformiformiformiform, and bovine spongiformiformiform was an infectious cerebral cerebriform.”

E. Accordingly, the Ministry of Food and Drug Safety under the Defendant’s control (hereinafter “Food and Drug Safety”) states that the capsule of the instant product is diesel nicotine, and according to the manufacturing company’s documents, the manufacturer used the diesel nicotine derived from the primary skin of the instant product ( Hoho, New Zealand, Austria, and the United States), and among the above countries, the term “U.S.” has the ability to cause bovine spongiformiform encephalopathy.

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