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(영문) 광주지방법원 2020.06.19 2019나60034
손해배상(기)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. D fishing village fraternity (referring to a fishing village fraternity comprised of residents residing in D and E) is a license holder of F (6ha of fishing ground area) fishing right (hereinafter “instant fishing right”) for fish farming license even in the nam-do.

The above fishing ground is located in Eshore.

(hereinafter referred to as “E fishing ground”). (b)

The plaintiffs and the defendant are residents living in E, who have concluded an exercise contract on the fishery right of this case with D fishing village fraternity as the members of D fishing village fraternity.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' summary of the plaintiffs' assertion was 4th of the sixth of the E fishing ground, each of which was cultivated by each of the sixth of the fourth, but around September 2017, the defendant, who was established in the fishing ground of the 2.5th of the above 4th of the above 4th of the above 4th of the above 2017 (hereinafter "the fishing ground of this case"), extracted the right to seedlings, set up a steel net of the above 4th of the above fishing ground, prevented the movement of the plaintiffs, and installed a steel net of the above fishing ground without permission, thereby hindering the cultivation and operation of the plaintiffs' lives.

Ultimately, from September 2017 to April 2018, the Plaintiffs, as they were unable to properly form their products in the above fishing ground, reduced the production volume significantly. Accordingly, the net profit in comparison with the year 2016 reduced the volume of KRW 2,263,853.

Therefore, the defendant is liable to pay each of the plaintiffs 1,131,926 won (=2,263,853 won ¡À2) and damages for delay due to the above tort.

B. Around September 17, 2017, the Defendant: (a) extracted 18 posts of seed collection (12 steel bars, 6 large trees) which the Plaintiffs laid on the sea to form; (b) around that time, installed a wire-frame for seed collection to the place where they extract posts; and (c) installed a wire-frame for seed production in part of the instant fishing ground; (d) there is no dispute between the parties, or there is no dispute between the parties, and (e) the entry of the evidence Nos. 10-1, 2, and 6; and (e) the first instance and the trial of the witness G.

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