사정재판에 대한 이의의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The grounds for the court's explanation concerning this case are as follows: 'the grounds for the judgment of the court of first instance for the acceptance of the judgment of the court of first instance.'
B. (1) The part on the Plaintiff’s assertion (Articles 7 and 8 of the judgment of the court of first instance) and 3 of the Plaintiff’s assertion
B. (1) In addition to the modification of the part on the Plaintiff’s assertion (as of No. 11, No. 2, and No. 12, No. 7 of the first instance judgment), the reasoning of the first instance judgment is the same as that of the first instance judgment, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
2. The modified part;
A. Article 2-2 of the Reasons for the judgment of the first instance;
B. (1) The part of the Plaintiff’s assertion is that the Plaintiff paid KRW 14.2 million to the Plaintiff’s members for the assessment of the amount of damages, etc., which the Plaintiff collected KRW 30,000 from the Plaintiff’s members and paid to the Plaintiff’s members for the assessment of the amount of damages, was found to have a proximate causal relation with the instant oil pollution accident. Since the Plaintiff’s claim is included in the claim of KRW 91,245,00 which was initially reported with limited claim, this constitutes “pollution damage” as provided by Article 2 subparag. 4(a) of the former Compensation for Oil Pollution Damage Guarantee Act (the Plaintiff asserted that the amount of damages less than the reported amount is claimed by maintaining the claim of KRW 91,245,00 as the original reported amount in the instant lawsuit). (b) The reasoning of the first instance judgment in the first instance judgment is as follows.
B. (1) On December 2, 2011, three damaged residents’ organizations consisting of those who filed reports within the jurisdiction of the Siljin-gun including the Plaintiff’s assertion, agreed to form a federation and jointly act on the basis of the agreement, and subsequently, borrowed a total of KRW 40 million from the Siljin-gun Fisheries Cooperatives and disbursed expenses, such as transportation expenses, food expenses, oil expenses, and accommodation expenses, etc. for various meetings of the Federation. Of the above KRW 40 million, the portion to be borne by the Plaintiff out of the above KRW 40 million is KRW 13.3 million (=40 million) corresponding to that of the said KRW 1/3.