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(영문) 대구지방법원상주지원 2014.02.12 2012가단3998
손해배상(기)
Text

1. The Defendant’s KRW 8,831,00 and its annual amount from November 2, 2012 to January 2, 2014, and the following.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the following facts: Gap evidence Nos. 1, 2, 9 through 12 (including paper numbers), Eul evidence Nos. 2, Eul evidence and images; the result of this court’s on-site verification, the whole purport of the arguments as to the appraiser C’s appraisal of damages.

The plaintiff operates approximately 34,126 square meters of 34,126 square meters in Pyeongtaek-si, and approximately 250 square meters of fruit trees, and the defendant is the representative director of E, a corporation producing eco-friendly farming materials.

B. On June 2012, the Plaintiff was supplied with the Defendant’s “marine” medicine (hereinafter “instant medicine”) manufactured by the Defendant, which suspected that part of the fruit trees in the instant orchard were suspected of having been affected by disease and that it was affected by disease from the Defendant, and administered it to the 51 mar (the instant mar plant variety; hereinafter “the instant mar tree”).

C. However, around August 2012, which began with the death of the instant fruit trees, 21 glus fully with the death of 21 glus, which began with the death of two months, and 30 glus thereafter with the death of 51 glus applied to the instant medicine.

2. Occurrence of liability for damages;

A. The following facts are acknowledged in light of the results of the appraiser C’s on-site verification conducted by Gap’s evidence Nos. 3 through 8, 19, and this Court’s on-site verification conducted, based on the overall purport of the arguments.

1) Saccine disease is a disease that causes saccines caused by a saccine part (mainly adjacent to the ground) of the fruit trees, causes saccines to the inner organization, and eventually causes saccines to death trees. 2) Saccines affected by a disease shall be saccines over several years, and saccines affected by a disease for a shorter period of 2,00 months.

3) The instant fruit trees were difficult to clearly determine that they were infected by disease. 4) The instant fruit trees are ordinarily used in the orchard, and the Plaintiff orchard.

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