1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Defendant’s “marina” at a port located at the end of December 2008 includes a harbor that provides convenience to the users of the leisure boats, including water facilities and mooring facilities used for mooring and keeping the leisure boats (e.g., yachts, motorboats, and other vessels).

(hereinafter referred to as the “instant marina”) completed the moorings and breakwater facilities, and acquired the ownership of the said facilities.

The Plaintiff asserted that “B” obtained permission to use the mooring of this case from January 8, 2012, 2012, as to “B” from February 8, 2013 between B, 1 B, 2013, but it is not sufficient to acknowledge only the description of “B” No. 36, and there is no other evidence.

130,700 2 C from November 2, 2012 to November 1, 2013, Nov. 21, 2013 D 3D 217,700 to April 5, 2013 to April 4, 2014 E 120,400 to August 10, 2013 to August 120, 2014.

B. The Plaintiff obtained permission from the Defendant to use the mooring place of Marina (hereinafter “the mooring place of this case”) of this case as indicated below.

C. The provisions of the laws and regulations regarding the instant case are listed in the annexed sheet.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 3, 45, and 46 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Although the Defendant was not authorized to collect the fee for the instant marina, based on the relevant laws and regulations, such as the Harbor Act, the Defendant was obligated to return KRW 5,513,400, which is the sum of the fee for the use of four yachts from January 2012 to August 2013, as the Plaintiff collected KRW 5,513,40 from the Plaintiff. As such, the Defendant is obligated to return KRW 2,756,70, which is the amount equivalent to one half of the fee,

B. In the surrounding the claim for damages, the Marina is a public structure established and managed by the defendant, and without being equipped with the equipment, such as breakwaters, which can reduce the occurrence of the navigation wave, the height of the ship.