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(영문) 춘천지방법원강릉지원 2014.04.17 2013가합105

손해배상(기)

Text

1. The Defendant’s KRW 60,000,000 as well as 5% per annum from February 6, 2013 to April 17, 2014 to the Plaintiff.

Reasons

1. Determination as to the existence of liability for damages

A. (1) On September 3, 2011, the Plaintiff entered into a sales contract with the Defendant to exclude the instant fishing vessel from the subject matter of sale, and accordingly, completed the registration of transfer of ownership of the instant fishing vessel to the Defendant on January 18, 2012 (hereinafter “instant sales contract”). < Amended by Act No. 11006, Sep. 18, 201; Act No. 11004, Sep. 3, 2011; Act No. 11006, Sep. 6, 2011; Act No. 11000, Jan. 15, 2012; Act No. 11006, Jan. 18, 2012>

(2) According to Article 44 of the Fisheries Act, if a fishing vessel subject to permission for fishery business is sold along with the fishing vessel subject to permission for fishery business, a seller intends to separate only the fishing vessel subject to permission for fishery business in Japan’s exclusive economic zone, and sell only the fishing vessel after transferring the permission for fishery business to another fishing vessel, and (2) if a seller does not own any fishing vessel other than the vessel subject to sale, he/she shall transfer the same to the buyer along with the fishing vessel subject to permission for fishery business, and if the buyer completes the registration for transfer of ownership to another fishing vessel subject to sale, he/she shall transfer the other fishing vessel to the buyer.

However, at the time of the instant sales contract, the Plaintiff did not own a fishing vessel other than the instant fishing vessel, and the Plaintiff and the Defendant agreed to return the instant fishing permit to the Plaintiff by means of the said ②.

(3) The Defendant’s instant operational permission to D on February 14, 2012.