손해배상(기)
All appeals are dismissed.
The costs of appeal are assessed against each appellant.
The grounds of appeal are examined.
1. Plaintiff’s ground of appeal
A. On the ground of appeal Nos. 1 and 2, the lower court determined that the Defendants are liable to compensate the Plaintiff for the damages incurred by the Plaintiff on the ground that, on the basis of the factual basis as indicated in its reasoning, the damage was incurred to the death of a large quantity of fish culture cultivated in the instant fish plantation due to the similar nature that was caused by the instant harbor project, and that this exceeds the ordinary limits of participation, and thus the illegality is recognized.
Furthermore, as to the scope of liability for damages, on the premise that the Plaintiff’s number of fish culture planted around May 2012 is 50,000, the Plaintiff’s total of KRW 690,000 (=345,000) and KRW 2,000 (2,000), the Plaintiff’s tort was determined as follows: (a) on the ground that the total of the market prices of fish culture destroyed by the instant harbor works were 5,000 x 2,000 x 2,000 x 1,000).
However, in full view of the various circumstances as stated in its reasoning, the defendants' liability for damages, including the parts that were deemed to have contributed to natural ability, was limited to 70% of the total amount of damages.
In light of the relevant legal principles and records, the above judgment of the court below did not err by misapprehending the legal principles as to the degree of contribution to natural power and limitation of liability by deviating from the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.
B. On the ground of appeal No. 3, the lower court, based on the factual basis stated in its reasoning, rejected the Plaintiff on October 8, 2012, which was a survey period of fishery damage by the Korea Fisheries Research Institute of the Korea Fisheries Research and Development of the Korea Fisheries University, and suspended a culture culture in the instant fish plantation for at least six months, a survey period of fishery damage by the Korea Fisheries Research Institute of the Korea Fisheries Research and Development.