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(영문) 대구지방법원 2017.08.17 2017나301375
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 20, 2006, the Defendant has produced and sold fruit seedlings after completing business registration with the trade name of "K" in the Sung-gunJ of Seongbuk-gun, Seongbuk-gun, 2006.

B. On December 2012, the Plaintiff entered into a contract with the Defendant to purchase a sand and seedling (hereinafter “instant contract”) with the Defendant, and the Plaintiff and the Defendant entered into the following contract with the Defendant: (a) on April 29, 2013, the Plaintiff and the Defendant issued a seed and seedling quality guarantee certificate (Evidence A2-2, hereinafter “instant contract”) to the Plaintiff on April 29, 2013.

The seller of the instant contract: The buyer of the Defendant: The quality under the Seed Industry Act shall guarantee the following seedlings supplied by the quality guarantee business on December 19, 2012 as of the date of acquisition on December 19, 2012, as of December 29, 2013, as of the date of the contract for the total amount of (14,040,000 won) of the Plaintiff’s species (pool), variety (Myma), specifications (specific), quantity (1,200 weeks), unit price (11,70 weeks), and the supplier shall not be responsible for damages caused by problems, such as mixing of other varieties after planting.

(hereinafter referred to as the “instant Guarantee Terms and Conditions”) . - The details of supplied seedlings - Items (g), Myanmar (Special Provisions), specifications (Special Provisions), 120 weeks (120 weeks), and non-higher (120 years of production, 2013): The Defendant purchaser: Plaintiff on April 29, 2013.

On the other hand, the Defendant supplied the Plaintiff with sHW6 vocational seedlings and seedlings reproduced by putting them to the Plaintiff at the time of sHW6’s bamboo booming.” (hereinafter “instant seedlings”) and the instant seedlings were in the course of cultivation. D.

Plaintiff

B On October 5, 2015, the Defendant, as the excellent seeds and seedlings, the quality of which has been guaranteed by the Seed Industry Act, using an illegal Chinese substitute tree, is the quality of which has been secured by the Seed Industry Act. The Defendant, by deceiving the Plaintiff and B, sold KRW 14,040,000, and by deceiving the Plaintiff and B, defrauding KRW 14,040. The instant seedlings, etc.

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