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(영문) 창원지방법원 마산지원 2018.01.09 2016가단11885
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who conducts a balwing business (around 140 copies) in the Haak-gun, Gyeongnam-gun C.

B. On July 20, 2016, around August 19, 2016, the Defendant spreaded agricultural chemicals (product name: Bigate, the number of young people, etc.) by air pest control methods on the part of the above land (j) land (hereinafter “instant discussion”), etc. (hereinafter “instant discussion”).

C. On September 9, 2016, the Defendant again sought to spread an agrochemical (name of a product: Gain; hereinafter “instant pesticide”) at the same place (hereinafter “instant pesticide”). As the Plaintiff raised an objection against the death of a group, the instant pesticide did not spread the instant pesticide on September 1, 2016.

(To spread the instant pesticide at another place). (d)

The pesticide of this case contains 10% Thcloprid (Thcloprid). This act as a estotideideide in the Neonicotide, and as a method of disturbing the new boundary of insects by stimulating the notic solution, and it is often used as an agrochemical to prevent pine wilt disease.

E. On September 13, 2016, the Plaintiff reported to the Defendant that he/she suffered damage from the second pesticide spraying ( August 19, 2016). Around September 23, 2016, the Plaintiff stated to the same effect in the process of checking the fact that the damage adjusting business operator was done.

The date of the occurrence of the accident is indicated as August 19, 2016 even in the statement of the nature of the accident.

(f) At that time, thacles were detected at 1ma from among the 3 miles of the alterp that the Plaintiff had died in his custody. [In the absence of any dispute over the grounds for recognition, each of the descriptions and images of Gap, 1, 4-6, 8, Eul, 1, 2, and 6, and the purport of the entire pleadings, as a result of the Plaintiff’s personal examination.

2. The gist of the Plaintiff’s assertion is that the Plaintiff suffered damage from a mass abandonment of the balwing bed as an agrochemical spreaded three times, and the Defendant is liable to compensate the Plaintiff for damage caused by the tort.

3. Determination

A. The relevant legal doctrine generally commits tort.

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