A. (1) The Defendant is the owner of C and D (hereinafter “instant fishing vessel”) a two-boatd vessel.

On March 5, 2015, the Defendant agreed to employ the Plaintiff as the responsible captain of the instant fishing vessel during the period from the first fishing in 2015 to the wire network in 2016, and to pay 3% of the total fishing price as a performance bonus if the total fishing price during the said period is at least 4.5 billion won, and 4% of the total fishing price if the total fishing price during the said period is less than 4.5 billion won, and 4.5 billion won.

(hereinafter referred to as the “instant master appointment contract”). D. The total fishing period from August 1, 2015 to May 30, 2016, which was the first fishing period of the instant fishing vessel in 2015, was KRW 3,611,27,000.

Then, the Plaintiff did not pay KRW 53,500,000 from the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts, since the performance bonus under the contract for the appointment of captain of the instant case is KRW 108,338,310 ( KRW 3,611,277,000 x 0.03), the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of KRW 54,838,310, which is the day following the delivery date of the copy of the instant complaint sought by the Plaintiff, to the day of full payment, calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 30, 2016 to the day of full payment.

2. The defendant's assertion and judgment

A. In the event that a responsible captain is employed as the same as the operation of the instant fishing vessel, if the owner of the instant fishing vessel pays additional expenses exceeding the ordinary expenditure range, it is customary that the responsible captain bears a certain amount under the common expense. The Plaintiff and the Defendant agreed that the Plaintiff and the Defendant share the common expense incurred from the operation of the instant fishing vessel at the time of the instant contract for the appointment of the captain, but only did not state in the contract, although they did not state in the contract.

The plaintiff shall pay monthly wages per foreign seafarer to the defendant for the purpose of boosting the morale of foreign seafarers.