beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff alleged that the plaintiff used "C" products, which are functional health foods manufactured and sold by the defendant (hereinafter "the product of this case"), for a long time. The defendant sold fake products, which contain booms harmful to the human body.
In addition, the defendant made an advertisement with the content different from the fact that the product of this case has efficacy in treating the pit disability.
Therefore, the Defendant is obliged to compensate the Plaintiff for damages incurred to the health of the Defendant’s product, and to pay the Plaintiff KRW 50 million as consolation money for mental shock arising from the fact that the instant product was found in fake.
2. Determination
A. The “consulous aggregate extraction”, which is the raw material of the instant product, such as whether the Defendant intentionally mixed fluorium with the instant product, is required to make the combination of white sulum, sulphy, and sule. However, the Defendant does not dispute the fact that sule was detected from the sampling of dry sule, which was kept in storage in the Defendant’s factory and head office in the Defendant’s warehouse.
However, in light of the following circumstances, it is difficult for the Defendant to regard that the products of this case are mixed with hysium harmful to the human body, and there is no other evidence to acknowledge otherwise.
(1) Even according to the results of the inspection by an investigative agency, etc., the mixed ratio of fluorium detected from the defendant's fluorine samples is not more than 3% average, and only fluorium of less than one percent was detected in more than half of sampling.
② Around October 2013, the Defendant introduced both the TLC inspection method and the PCR inspection method around October 2014, and conducted an inspection on whether PCP is mixed with emulsiums. From January 2015, the Defendant made efforts to prevent emulsium mixing by conducting re-genetic genetic tests on lemuls entered in factories.
(3) The defendant