1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The Plaintiff entered into an agreement between the Defendant and the Defendant on April 15, 2016 on the following: (a) the Plaintiff, as the captain of the Defendant-owned C (hereinafter “instant vessel”), to operate the said vessel as an fishing boat and receive 40% of the net income from restricting the operating costs of the vessel from the fishing boat to the fishing boat alteration (hereinafter “instant agreement”); and (b) the Plaintiff from April 15, 2016 to April 15, 2016 to receive 40% of the net income from the Defendant.

7. Until December 24, 200, the plaintiff entered the port 37 times in total, and the net income during the above period excluding 46.7 million won and expenses excluding the plaintiff's net income 25,359,270 won (the defendant did not reflect the expenses, such as insurance premiums, taxes, office expenses, etc. to be borne by the plaintiff among the net income calculated by the plaintiff. However, according to the aforementioned evidence and the purport of the whole arguments, it appears that the plaintiff notified the defendant while managing the details of revenue and expenditure during the fishing operation as the captain of the above C. However, there is no evidence that the defendant raised an objection or prepared the data that calculated the settlement amount to be paid to the plaintiff by the defendant. Thus, 40% of the net income of the above period is recognized as net income according to the plaintiff's settlement method, and the defendant from May 6, 2016 to the same year.

7. It is recognized that up to 27.27. the Plaintiff paid the sum of KRW 8.15 million to the Plaintiff.

Therefore, the Defendant’s wage of KRW 1,993,708 under the instant agreement (i.e., KRW 10,143,708 - KRW 8.150,00) and the Defendant’s service of a copy of the instant claim and the written application for modification of the cause of claim, from August 8, 2016 to May 22, 2017, as sought by the Plaintiff, shall be 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.