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1. The Defendant’s KRW 3,00,000 as well as annual 5% from March 31, 2016 to November 15, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. In the limitation of liability procedure of this court 2008 Book1, on December 7, 2007, the Plaintiff reported that the Plaintiff suffered damage equivalent to KRW 29,865,975 in the Seosan-Type D E aquaculture (hereinafter “instant aquaculture”) operated by the Plaintiff in Seosan-si E (hereinafter “instant accident”).
B. In the foregoing limitation procedure, on January 16, 2013, this court rendered a judgment on assessment of the Plaintiff’s claim amount as KRW 0,000, and the Plaintiff filed a lawsuit of demurrer against the foregoing assessment judgment (hereinafter “instant lawsuit”) with this court as 2013Gahap1050.
C. On July 1, 2015, this Court rendered a judgment that approves the part of the assessment judgment on the foregoing liability limitation case against the Plaintiff (hereinafter “instant judgment”). D.
The Plaintiff was a member of the former Committee for Countermeasures against Damage Compensation (hereinafter referred to as the “instant Committee”) composed of the victims of the instant accident residing in the F region and appointed the Defendant as the agent of the instant lawsuit through the instant Committee.
E. The instant judgment was served on July 7, 2015 on the Defendant, and on July 10, 2015, the Defendant sent a notice of the conclusion of the judgment stating that the Plaintiff shall obtain identification cards and additional documents and submit them to the instant commission by July 17, 2015 if the Plaintiff wishes to file an appeal with the instant judgment by ordinary mail (hereinafter “instant notice”).
F. On July 22, 2015, the Plaintiff received an order to dismiss the petition of appeal on July 22, 2015 on the ground that the period of appeal lapsed, although the Plaintiff received a petition of appeal regarding the instant judgment in the instant court, on the grounds that the period of appeal lapsed.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 to 3
2. The parties' assertion
A. The summary of the plaintiff's assertion 1 is that the defendant, as a mandatory, explain the result of the judgment of this case to the plaintiff and explain the appeal period.