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(영문) 부산고등법원 2019.01.23 2018나53811

손해배상(기)

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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. We also examine the principal lawsuit and counterclaim.

A. The defendant has been operating the C-fishing ground (hereinafter referred to as the “F-fishing ground of this case”) in Goyang-gu Busan Metropolitan City I.

On the other hand, the plaintiff was planned to sell the spawn after importing spawn and cultivating spawn, but he became aware of the defendant with the introduction of D engaged in the spawn import.

B. On December 27, 2014, the Plaintiff and the Defendant respectively entered into an entrustment contract with the Defendant on December 27, 2014, with the term “Defendant” and “the term “the Plaintiff imported” in the instant fish farm from December 27, 2014 to May 27, 2015. In return, the Plaintiff entered into an entrustment contract with the Defendant on a fish-farm with each of the payment of the rent for the fish farm, personnel expenses for the employees of the fish farm, electricity charges, and oil expenses.

(B) From December 2014 to March 2015, the Plaintiff imported a total of 109,000 horses in the Philippines through D, etc. from the long-term fish importer from around December 2014 to March 2015. However, in the process of import, the Plaintiff paid all the rent, personnel expenses, etc. under the first contract to the Defendant.

2) On July 8, 2015, the Plaintiff concluded an entrustment contract with the Defendant for a fish-farm with the content that the Plaintiff would pay KRW 3,500,000 per month for the personnel expenses, electricity charges, and oil expenses of the employees of the fish-farm, and that the Plaintiff would pay KRW 40,160 per annum from July 8, 2015 to January 8, 2016.

(B) The Plaintiff paid all personnel expenses, etc. under the second contract to the Defendant. (c) On October 2015, the Plaintiff: (a) around October 2015, the Plaintiff imported from the Defendant on July 2015, and cultivated the fish farm in the instant fish farm by the Defendant around July 2015.