Plaintiff 1 and two others (Attorney Go Young-deok, Counsel for the plaintiff-appellant)

[Defendant-Appellee] Plaintiff 1 and 2 others (Law Firm Geosung, Attorneys Kang Won-il et al., Counsel for defendant-appellee)

July 24, 2008

Seoul Central District Court Decision 2005Gahap57993 Decided December 8, 2006

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. The plaintiffs' claims against the defendants falling under the above revocation part are all dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. Purport of claim

The Defendants shall pay 98,387,979 won to each of the Plaintiffs 1 and 2, and 5,000,000 won to Plaintiff 3, as well as 5% per annum from February 2, 2004 to the delivery date of the complaint, and 20% per annum from the next day to the day of full payment.

2. Purport of appeal

The same shall apply to the order.

1. Basic facts

A. Relationship, etc. between the Parties

(1) Plaintiff 1 is the father of Nonparty 1 who died, and Plaintiff 2 is her mother, and Plaintiff 3 is her mother.

The Korea Food and Drug Administration affiliated with the Defendant, Korea, carries out the duties of conducting surveys and research to ensure the safety of food sanitation, comprehensively coordinating safety management matters concerning food, food additives, food additives, appliances, containers, packages, etc., drug permission and clinical management, manufacture of medicines, and the duties of issuing permission and reporting items for export and import of food products, and Defendant Korea New Zealand Co., Ltd. (hereinafter “Defendant Korea New Zealand”) is a company that imports and sells tetraco Co., Ltd. (TRIKOO FODCO CO., LTD., LTD.) on January 7, 2004 through MENG HEG HN HG HODSCO., LTD.

On the other hand, the above Twitco Co. is a company that supplies various goods, such as SHJ(s) products, NC(s) products, and TRIK products.

B. The details of the purchase of the diesel of this case and the death of the deceased

(1) On December 2003, Plaintiff 2, the mother of Nonparty 1, purchased at the Gyeonggi Pyeong-gun located in the Gyeonggi Pyeong-gun on December 2, 2003 and sent the diesel to the deceased Nonparty 1 as a door-to-door distribution (MNGO FLAR MINR MINGGGGGGGGGGGGGS), the place of origin, and the manufacturing cost high-level (sloping, SHENG COMG COMDS CO., LTD.), and sealed the container as a plastic container with a label attached to the plastic line.

Shed Nonparty 1, the parent of the Plaintiff 1 and 2, who was living with Nonparty 3 at the 5 Dong-dong, Busan, Dong-dong, Busan, the 5 Dong-dong (hereinafter omitted) where Nonparty 2 was living. On February 2, 2004, Nonparty 2 died of the Plaintiff at around 18:40 on the same day immediately before the arrival of the hospital (hereinafter “the instant accident”).

Article 22(1) of the former Food and Drug Protection Act (amended by Act No. 1010, Jan. 1, 2011; hereinafter referred to as “the Act”) provides that “The Act shall be amended by Act No. 1000, Jan. 1, 2011; hereinafter referred to as “the Act”) shall be amended by Act No. 1060, Mar. 1, 201; hereinafter referred to as “the Act shall be amended by Act.”

• The diesel of this case was manufactured “Mango MINI FRUIT JY products,” manufactured by JOJO ENO ENERPR CO. LTD. The diesel of this case was imported from various domestic importers, such as Chinese food, and Korean food.

(c) The case of our country's mass case due to the diesel game;

(1) A male son (year 9) who lives in Ansan at the same time around April 2001 suffered from the first degree disability due to the damage of low oxygen brain on the wind that the flusium flusium flusium flusium flusium flusium flusium flusium.

around February 1, 2004, the disabled children (the nine years of age) protected by the social welfare center located in Busan (the year of age) died due to the quality of fluit jelly, which was put into the entrance by the infant care company.

Article 22(1) of the Civil Act provides that a woman’s child (six years of age) who lives in a water source on September 23, 2004 after the accident of this case hereinafter hereinafter referred to as the “Korean Civil Act”) hereinafter hereinafter referred to as the “Korean Civil Act” hereinafter hereinafter the “Korean Civil Act hereinafter referred to as the “Korean Civil Act”). The Korean Civil Act hereinafter referred to as the “Korean Civil Act” hereinafter hereinafter hereinafter hereinafter hereinafter hereinafter hereinafter 1004

(d) Domestic and overseas measures taken against the diesel boats;

(1) United States (the same State, Canada)

The FDA announced the first warning issued to children and the elderly that the fDA containing difficult drugs had a risk of corrosion to children ( August 17, 2001). After determining that there is a risk of physical corrosion to children, the FDA took a measure not to import the flue cup, which contains difficult drugs (product size: no more than 1.5 cm in diameter (4.5 cm in diameter) and no more than 1.25 cm in diameter (3.1cm in diameter).)

Dr. European Union

On March 27, 2002, the European Commission (EC) decided on the temporary sale, use, or import prohibition of diesel cups containing difficult drugs (konja and konjac). The European Council decided on June 18, 2003 that each Member should reflect it in domestic law until January 17, 2004. On April 23, 2004, the European Commission decided on the temporary sale, use, or import prohibition of diesel cups containing crums, and the European Food Safety Special Committee did not consider the specific characteristics of the diesels in which it is difficult to take them into account the specific characteristics of the diesels in the process of taking them into account, and it did not consider the specific characteristics of the diesels in which it is difficult to take them into account in the process of examining them.

【Manmark, Switzerland, Italy, Finland

The Act prohibits the lubly World Cup products containing difficult drugs and glubric acids.

x Japan and Japan

There are no separate measures from the government level, consumer organizations strengthen the marking of warning and emergency medical service methods, and make recommendations such as product input and size, and change of design in the form of design, and the government requests the industry and organizations to produce products that do not pose no risk of quality autonomously.

(v) Defendant Republic of Korea

㈎ 곤약을 함유한 미니컵 젤리에 대한 미국 식품의약국의 일련의 조치에 따라 2001. 10. 23. 곤약 및 글루코만난이 함유된 직경 4.5㎝ 이하 원형, 원추형, 타원형의 미니컵 젤리의 생산, 수입, 유통 등을 금지하고, 이들 이외의 식품첨가물(카라기난 등)을 사용한 제품에도 “잘못 섭취할 경우 질식의 위험이 있다”는 내용의 경고문을 표시하도록 조치하였다.

㈏ 한국소비자보호원은 2004. 2. 4. 미니컵 젤리로 말미암아 2004. 2. 1.과 2. 2. 연이어 2건의 질식사고가 발생하자 식품의약품안전청장에게 향후 유사 안전사고가 유발되지 않도록 미니컵 젤리에 대한 수입금지 등의 안전조치가 필요한 지에 대하여 검토해 줄 것을 촉구하였는데, 이에 대하여 식품의약품안전청은 위 두 사건은 제품 자체에 기인하여 발생한 위해라기보다는 특수한 환경(장애인, 냉동보관 및 섭취시 주의 소홀 등)에서 발생되었을 개연성이 크고, 떡과 같은 식품의 경우에도 유사 사례가 발생할 개연성이 있기 때문에 생산, 수입의 금지는 현실적으로 불가능하므로 교육, 홍보를 통한 위해방지가 보다 합리적인 것으로 판단된다고 회신하였다.

㈐ 2004. 10. 10. 사망 사건과 2004. 4. 23. 유럽 연합의 미니컵 젤리에 관련된 잠정금지 조치에 따라 2004. 10. 12. 직경 4.5㎝ 이하의 원형, 원추형, 타원형의 모든 미니컵 젤리(함유성분 관계없음)를 잠정적으로 제조, 유통, 판매를 금지하였다가 2005. 4. 11.부터 ① 제품의 형태와 관계없이 곤약, 글루코만난을 함유한 제품 중 뚜껑에 직접 접촉하는 면의 직경 또는 최장길이가 4.5㎝ 이하인 제품은 계속하여 생산, 수입, 판매 등을 금지하고, ② 기타 식품첨가물 및 원료 등으로 제조한 제품도 제품의 형태와 관계없이 뚜껑에 직접 접촉하는 면의 직경 또는 최장길이가 4.5㎝ 이하인 경우에는 질김성과 깨짐성을 고려하여 정해진 기준에 따라 압착시험을 했을 경우 7N(Newton) 이하의 물성을 갖고 있으며, ′질식의 위험성이 있고 냉동섭취를 금하며(얼려서 먹지 말도록 표시), 5세 이하 어린이 및 노약자에게 섭취를 금지한다′는 내용의 주의경고를 표시한 제품에 한하여 생산, 수입, 판매 등을 허용하도록 하였다.

(e) Tests, etc. on the diesel cupped games;

(i)Characteristics of the lubricot

미니컵 젤리는 단단한 물성의 젤리 캔디로서, 반강직성의 반구형 등의 미니컵에 담겨 있고, 젤리를 입으로 빨아들이는 방법 또는 미니컵을 눌러서 젤리를 입에 넣는 방법으로 섭취한다. 미니컵 젤리는 젤리의 물성을 위하여 다양한 종류의 겔화제가 첨가되는데, 곤약(kojac), 글루코만난(glucomannan), 해조류(seaweeds)나 검류(gums)에서 유래한 첨가물, 과일에서 유래한 펙틴(pectin), 동물에서 유래한 젤라틴(gelatin) 등이 겔화제로 사용되고 있다.

Doz. Grounds for the Doz.

In general, the diesel diesel is known as a product's physical characteristics, size, shape, and intake method, etc. as an element that may cause a physical accident and a potential element. The physical accident causes a qualitative sense by causing a combination of these elements to prevent the airway. If the instant cup cupped is taken off easily from the container because it does not break out and inhales it into the container, the accident may occur by causing a diesel to close the diesel door before the container shuts down the burg, and even if the product's characteristics prevent only a part of the burg.

ally referred to in the Standards and Specifications of Food Sanitation Deliberation Council and Deliberation of the Committee

㈎ 식품의약품안전청은 이 사건 사고가 발생한 이후인 2004. 10.경부터 2004. 11.경 사이에 미니컵 젤리의 질식위험요인 규명과 합리적 조치 방안을 마련하기 위하여 유통되고 있는 미니컵 젤리의 시험 등을 실시하여 2005. 2. 1. ‘식품위생심의회의 기준규격분과 위원회 심의자료’로 ‘미니컵 젤리 관리방안’이 제출되었는데 그 내용은 다음과 같다.

㈏ 대상 제품 : 2004. 10. 12. 당시 수입, 생산된 제품 등

㈐ 미니컵 젤리의 모양, 크기 및 주의 표시사항

○ - Contain shape: procin shape, procin shape with brooms, probroom pattern, procin shape, procin shape, procin shape, procin shape.

○ Size

- Original products: diameter 3.2cm and 7cm in length;

- Non-original products: 4.5 x 4.8 cm in length, reduction 2.5 x 3.2 cm

- The broom pattern with brooms: The 0.5mm in depth and 5mm in 10 and 15mm in brooms.

○ Indication (only products distributed in the Republic of Korea)

- Domestic Products

· In the case of baby, children, the elderly and children, and the elderly, they are cut down well, which is the wind of the State, and this product is not the freezing goods.

· Intake mistakenly, there is a risk of sleding, so it is well sled.

· A sled to children of not more than five years of age, who are well sled.

The opened product shall be stored in the air conditioners, and the d.e. during the distribution period.

- Chewing diversity has a risk in the event of a single room.

Children and the elderly and the elderly must be able to keep up with a good food size and have rare times.

- Malaysia, Taiwan, Japan's imported goods

- In particular, children and the elderly have to be sled up to be well sled so that there is a risk of quality when she takes place at one time.

- This product has a risk of food when taken in error, and this product does not have the right for children under 5 years of age to be taken in when taken in (it includes an excessive sunshine. It does not have the right for children under 5 years of age to be taken in. The method of taking in. The indication of the method of taking in).

- When this product is loaded off, children and the elderly and the elderly are cut down to the extent that there is a high risk of corrosion, and d.00 .0 .0 .0 .00 .0

- Children and the elderly and children in consumption of this product have a risk of food, so they are well Chewing, and the elderly and children do not have the right to do so at least 60 years old and older children and the elderly in order to prevent the quality of the product.

㈑ 특성 분석을 위한 시험

In order to analyze the potential dangerous nature of the lubped World Cup, he/she has conducted a voltage test, a voltage test, a astronomical test and a response test, and the results are as follows.

(1) An electric voltage test (measurable force when diesel dust has broken off or the shape of a diesel hole is changed, such as the gladry, gladry, gladry, gladry, etc.)

As a result of the first test, 22 items, such as nitroz and diesel [1.2N and measuring range exceeds 1.2N, 2.4N and 1.3% of the carcas 1.3% of the total 1.3% of the total 18 items (13: 13, 4, 4, 3: 4: 4: 4: 3rd-class : 4: 3rd-class : 3rd-class : 3rd-class 1) and the total 41 items, such as nitroz and diesel-type 41 items [29 kinds, including the total 29 kinds, China4, Japan 3, 300, 3rd-class 1), domestic products: 6 ptile sample sample, 3rd-class 4: 3rd-class : 3rd-class 1) as a result of the first test, it was found that the first-class and the second-class 4th-class luc as a result of the first-class.

(2) The (i) JOJO ENTERPSS COTD) and the comprehensive fluorial (ii) (iii) in relation to the instant accident, which can be seen as the diesel, in the case of the instant accident, the JOJO ENM ENTRPS CO.LTD (in the case of the instant accident, hereinafter referred to as the “instant products”) were fluorily respondeded to the inspection body, and the measurement was conducted in excess of the measurement scope limit of measuring measuring machine because he was found to have been fluor because he was fluord, and all of the instant products were judged to have the highest probability of quality food products.

(2) Tests, analysis, etc. to determine whether water and water quality are likely to exist as a result of ascertaining the physical characteristics of the diesel diesel, and measurement of the cross-sections and shoulders of the diesel cups, thrheat, etc.)

First-class 41 products [import: 29 kinds (21, China 4, Japan 3, Malaysia 1), 6 categories : ptil sample: 3 categories : large 5 categories : large 1, large 200-scale 1, and two parts : 3 kinds : large 41 products with low physical strength as the result of the first-class test conducted without structural collapse of diesel, and with low physical strength, 1 domestic products, 3 kinds 1, pot sample 1, large 9, large 400, large 1,000, large 1,000-scale 1, large 30,000-scale 1, large 1,000-scale 4, large 1,000-scale 1, large 1,000-scale 1, large 1,000-scale 1,000-scale 3,000-scale 1,000-scale 1,000-scale 1,000.

(b) The products of this case were determined as highly likely products because they did not occur as the body of inspection, and the carbon of diesels was strong (31.2 through 56.9N) and they were judged as highly probable products.

(3) A astronomical test (testings measuring the low resistance value of diesel cups).

The results of the inspection showed the results similar to the measurement value of the pressure test. The results of the inspection are as follows: 41 items (import: 29 category, domestic category 6 category, pot sample: 3 category, large-scale 3 category: 3 category.).

(b) The products of this case were judged as products with the highest probability of corrosion (i.e. and 2.9N) by making it difficult to drilling in response to Companybe, and by making it strong (i.e. and shot).

(4) Typology test (testings measuring half-proof force when compressioning lubox).

As a result of the inspection of 38 items (import: 29 kinds, domestic 6 types, ptilot samples: 0.32 through 0.44, most domestic four products, particularly 0.09,0.09,0.14,0.19,0.0.24.

(b) Of the products of this case, 0.417, 6 was 0.417 and 0.412 was 0.412, the body was 0.412.

(5) Oral testing;

The thring of the instant World Cup’s simple nature and flexible string, which are not easily broken before smoking in the entrance, was examined by the string, and the degree of 0 through 10 was divided, and indicated by the number between 0 and 10. In the event that the test results showed that the string and the string were not so known, a value exceeding 5 was selected, and where the answer was given, a value less than 5 was given. The string was distributed from 1.0 to 8.4, and the string were distributed from 1.0 to 7.2, and the average and intermediate value were located in 5 neighboring areas.

(B) One product presumed to be related to the physical accident belongs to the strong physical group, and three products marked as containing biffics were included in the strong physical group, and one product was included in the middle group. However, it was found that a considerable number of products indicated as using gel chemicals, other than gel chemicals, belong to the strong physical group.

Applicant Examination of the risk review of the National Toxic Research Institute attached to the above review data, review of the Food Standards Evaluation Board of the Korea Food and Drug Administration, and review opinions of the Food Food Safety Bureau of Korea are as follows.

㈎ 국립독성연구원 위해성 연구부 검토의견

As a result of the inspection of 22 diesels in domestic circulation, it is presumed that 8 products the import declaration of which contains no difficulty using bifurine, and the bifine value is presumed that the products the import declaration of which was made using bifurine are higher than the measured value of the products the import declaration of which was made, and that the report was made differently from the fact. In the case of the products the import declaration of which was made in carcas, it is presumed that the combination of other symptoms is presumed that the combination of diesels, other than the carcas, and the combination of diesels and diesels, which caused the domestic accident, was not included in the diesel, but all reports were made, but it was presumed that the physical nature test contains a high degree of difficulty in which the diesel drugs were contained, and that there was a high possibility of closing the diesels in many cases, such as the burging and freezing of the diesels. Therefore, it is reasonable to view that the storage method of the diesels differs depending on the method of storage, such as the freezing and freezing of the diesel.

㈏ 식품의약품안전청 식품규격평가부 검토의견

It is considered reasonable to prohibit the production, import, distribution, sale, etc. of all the lub Cups not exceeding 4.5§¯ in diameter in order to ensure the safety of the lub Cup, in recent years, it is considered reasonable in that it should be judged first on the results of major foreign measures and the safety of consumers.

㈐ 식품의약품안전청 식품안전국 검토의견

Based on the risk research department of the National Toxic Research Institute and the review opinion of the Food Standards Evaluation Board of Food and Drug Agency and the self-survey data of the Food Safety Bureau, the prohibition of the sale of the whole lub cup products can act as a harmful factor to the development of the food industry, and the method of management is proposed by presenting 7N temporarily as a water standard.

F. At present scientific technology, it is difficult to detect by distinguishing vegel products, and there is no method to confirm them. There is no method to distinguish the ingredients of products containing vegel products from those containing vegel products, and there is no institution to examine them, and there is no method to verify whether the product contains vegel products when it is reported that it is not a product containing vegel products containing vegel products.

G. Defendant New Daily, which is the container on which the piece of items are contained in order to sell diesel, stated that “The elderly and young children can wear this product at the time of carrying, so it is well sled to the elderly and young children, as it is well sled to do so.”

[Ground for Recognition: The facts without dispute; Gap 2 through 9, 15 through 28, 33, Eul 2, 3, 5, and 6 (including various numbers); Gap 1-1 through 5; Gap 1-5; the result of the first instance court's first instance court's first instance court's inquiry into the Korea Consumer Protection Board; the Korea Food and Drug Administration; the result of the first instance court's first instance court's inquiry into the Korea Food and Drug Administration; the results of the first instance court's Seoul Customs Office; and the head of the Ansan Customs Office's fact inquiry into the Korea Food and Drug Administration; and the purport of the whole pleadings]

2. Determination

A. Claim against Defendant Republic of Korea

(1) The plaintiffs' assertion

Defendant Republic of Korea, despite the fact that there had been a water-quality accident due to the diesel diesel prior to the instant accident, provided the cause of the instant accident due to the mistake that the importer imported and distributed the diesel Ri based on the ingredients reported by the importer, without taking such measures, in the situation where the possibility of causing the water-quality accident is inherent in the case where the content was taken by inhaleing the diesel in the diesel form, and the content was likely to cause the water-quality accident in the event of taking them. In addition, Defendant Republic of Korea, without taking such measures, has a duty to prevent the water-quality accident by conducting an examination on the physical nature, etc. of the diesel cup, and ascertaining the relationship between the water and the possibility of causing the water-quality accident. Thus, Nonparty 1 and his bereaved family members of the instant accident are liable for the damages suffered by the Plaintiffs.

Shed Judgment

(A) In general, when a public official exercises his/her authority, he/she bears an official duty to prevent damage to the people or to take into account the safety of the people, and when a public official’s official duty to maintain order inside an administrative agency without relation to the interests of the people among the duties imposed by the relevant laws and regulations in performing his/her official duty, or when a public official’s duty to perform his/her duty is not for the benefit of the people, but for the sole purpose of promoting the overall interests of the public, the public official’s duty to compensate for damage to the people in violation of his/her official duty is not recognized. On the other hand, if the contents of his/her official duty were established to protect the safety and interests of the members of the society entirely or incidentally, if it was established to protect the safety and interests of the members of the society, the State or local government is liable to compensate for damage suffered by the victim due to the public official’s violation of his/her official duty. In determining the existence of proximate causal relation, the probability of the occurrence of general result, as well as the purpose of Acts and subordinate statutes and regulations imposing official duty, and degree of harm (see Supreme Court Decision 198Da.

(B) Provisions of the former Food Sanitation Act (amended by Act No. 7374 of January 27, 2005)

Article 1 (Purpose)

The purpose of this Act is to contribute to the improvement of national health by preventing sanitary dangers and harm caused by food and improving the quality of food nutrition.

Article 4 (Prohibition of Sale of Harmful Foods, etc.)

Food, etc. falling under any of the following subparagraphs shall not be sold or collected, manufactured, imported, processed, used, cooked, stored, transported or displayed for the purpose of sale:

7. Foods the import of which is prohibited, or foods which are imported without making a report where an import declaration is required under the provisions of Article 16 (1); and

Article 16 (Report, etc. on Imported Food, etc.)

(1) A person who desires to import food, etc. for sale or business purpose shall report it to the Minister of Health and Welfare and the Commissioner of the Korea Food and Drug Administration under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare.

(2) The Minister of Health and Welfare, the Commissioner of the Korea Food and Drug Administration or the Commissioner of the Korea Food and Drug Administration shall have the relevant public officials or inspection agencies conduct the necessary inspection of the foods, etc. reported under the provisions of paragraph (1) before the customs clearance procedures are completed: Provided, That in the case of apparatus, containers and packages, he may have them conduct the necessary inspection after the customs clearance procedures are completed.

(4) Necessary matters concerning the types and objects of inspections, methods of inspection, standards and procedures for the prior confirmation and registration of imported food, etc. under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.

(C) Considering the purport, purpose, and purpose of the former Food Sanitation Act, which the deceased had been in force at the time of eating, and the obligations imposed by the public officials of the Korea Food and Drug Administration under the relevant statutes, the former Food Sanitation Act aims at promoting the overall interests of the people by regulating the manufacture, sale, import, etc. of food that would pose a risk to the general public, and by regulating the goods or services that would pose a threat to the safety of life, body, and property of the people. Since it cannot be viewed as a provision for direct protection of the safety and interests of the people, there is no proximate causal relation between the act of the public official belonging to the defendant who did not prohibit the import or distribution of the diesel of this case and the act of the public official belonging to the defendant and the accident of this case.

Even if the provisions of the former Food Sanitation Act are not aimed at promoting the general public or the overall interests of the general public, it is difficult to consider that the 2nd Food and Drug Administration unilaterally established to protect the safety and interests of the individual members of the society, such as finine, the withdrawal of a series of measures as seen earlier with respect to the finine, which contained difficult drugs after August 17, 2001, and the Defendant Republic of Korea did not take any other necessary measures against the 4.5m in diameter including difficult drugs and gluorc column, and it was difficult to view that the 2nd Food and Drug Administration had no risk of using the fincule's bin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fluor fin fluor fin fin fin fin fin fin fin fin fl.

B. Claim against Defendant Korea New Daily

(1) The allegations of the parties

The plaintiffs asserted that the defendant 1 and the plaintiffs are liable to compensate for damages suffered by the plaintiffs since they are products imported by the defendant 1's Republic of Korea New Zealand, which have high water quality such as its strength, response intensity, and carbon, and they are manufactured to the extent of the size of the chemical accident, are made in the form of the diesel, and are made to take in the form of the diesel in the form of the diesel. The surface is cut off, and it is not easy to enter the surface as soon as possible, and there is a possibility that the chemical accident is likely to cause the chemical accident in carbon, and they are defective products. Thus, even if the import is not distributed, the defendant 1's Republic of Korea should not import and distribute the diesel of this case. Thus, the defendant 1 and the defendant 1 caused the accident of causing the death of the diesel of the plaintiff 1 by importing and distributing the diesel of this case.

As to this, Defendant New Daily indicated “Nang MINI FRITGGS” on the package of each piece of goods in the container, although Defendant New Daily indicated “New CI” on the package of goods in the container, Defendant New Daily Korea’s “New CI” on the package of this case’s diesel, it is merely indicated as “Mango MINI FRITJLYYYYY” on the package of goods imported and distributed by Defendant New Daily, and there is no indication as to manufacturing cost or veterinary hospitalization. Thus, Defendant New Daily cannot be deemed as a product imported and distributed by Defendant New Daily, as well as plastic package of goods in the container. Therefore, the aforementioned argument by the Plaintiffs is without merit.

Shed Judgment

Therefore, it is difficult to find that Defendant 1’s mother of Nonparty 1 purchased and sent a diesel board on December 203, 200 to Defendant 2, the Plaintiff 2, which was not the Plaintiff’s importer of the instant diesel 2, and Defendant 2’s import and sale of the instant diesel 1, and Defendant 2’s import and sale of the instant diesel 2, such as the instant instant 3-party-party 1’s instant product packing materials. However, the Plaintiff 2’s name of the instant product as a container sealed plastic 3-party 1’s container, on the other hand, indicated that the instant product’s import and sale of the instant diesel 2-party 3-party 3-party 3-party 1’s import and sale of the instant diesel 3-party 3-party 3-party 1’s import and sale of the instant diesel 3-party 3-party 2’s import and sale of the instant product was indicated as Defendant 1-party 2’s import and sale of the instant product.

3. Conclusion

Therefore, the plaintiffs' claims against the defendants are dismissed in its entirety due to the lack of reason, and since the judgment of the court of first instance is unfair with some different conclusions, the part against the defendants in the judgment of the court of first instance which accepted the defendants' appeal and revoked the part against the defendants in the judgment of the court of first instance, and the plaintiffs' claims against the defendants in the above revoked part

Judges Kim Chang-suk (Presiding Justice)