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(영문) 부산고등법원(창원) 2020.05.14 2019나11886
감정평가수수료청구 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for the following cases: (a) the use of some contents or the Defendant’s additional determination of the assertion emphasized or added by this court; and (b) thus, it is acceptable in accordance with the main sentence of

2. In the part of the first instance judgment, "12,050,50 won" in 2 and 3 of "12,050,50 won" in 5 and 6 of the judgment of the court of first instance shall be deemed "122,050,50 won"; "1,426,40,90 won" in the aggregate shall be deemed "1,436,40,900 won"; "35,787,500 won" in 2 and 3 of "amount unpaid by the defendant" in the item shall be deemed "45,787,500 won"; and "59,77,300 won" in the aggregate shall be deemed "609,77,300 won".

Won 591,447,220 = 591,447,220

1. D.

2) “The unpaid amount calculated in the paragraph 599,77,300 - The excessive amount of travel expenses calculated in the paragraph 8,30,080 - The amount of travel expenses calculated in the paragraph 601,447,220 = the above amount.

1. D.

2) The unpaid amount calculated in the paragraph 609,77,300 - The excessive calculation of travel expenses amount of KRW 8,330,080) shall be deemed to be “the instant judgment”, and the end of the 7th century shall be deemed to be “the first instance judgment”, respectively.

3. Additional determination

A. Article 11(1) proviso of the instant remuneration standard and Article 11(3) of the instant remuneration standard provide that “The instant remuneration standard for calculating appraisal fees for various items claimed by the Defendant shall be deemed as one case for each right.” Therefore, in the instant case where a specific fishery right is damaged due to a different project, it shall be deemed as one case for each fishery right, and thus, the amount of appraisal fees for each fishery right shall be calculated. As such, the proviso of Article 11(1) proviso of the instant remuneration standard does not apply to the instant remuneration standard. (2) The main sentence of Article 11(1) of the instant remuneration standard for calculating the appraisal fees for various items.

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