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1. The Defendant’s KRW 30,361,064 as well as 6% per annum from February 9, 2018 to April 22, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a merchant who engages in wholesale and retail business, etc. of fishing appliances in the name of "Dma shop" in Changwon-si, Changwon-si, the Plaintiff is a merchant (a business registration is made in the name of the Plaintiff’s spouse E, but the subject who actually engages in the business is the Plaintiff). The Defendant is a merchant who engages in fishing business in a port, such as a macro-si port, etc. (a business of guiding fishermen to board a fishing boat or allowing them to fish in the fishing boat (Article 2 subparag. 6 of the Fishing Management and Promotion Act).
B. In around 2016, F created a mortgage on the instant vessel with respect to the instant vessel in order to secure the obligation of the said loan (hereinafter “instant loan”) after building a H of 9.7 tons of money borrowed from the G Association (hereinafter “G”) (hereinafter “instant vessel”).
C. At around May 2016, I, F, was delegated by F, on condition that I pay the interest on the instant loan, the instant loan, the insurance premium related to the instant vessel, and the engine installment installed on the instant vessel (hereinafter “the instant loan interest, etc.”) on an annual basis, on the condition that I paid the instant loan interest, etc. in full.
I, from May 2016 to June 2016, 2016, had been engaged in fishing using the instant vessel at Changjin-si Port, etc. From July 2016, I started fishing vessel business at the port, such as Dae-si Port, etc., but was faced with the situation where voluntary auction of the instant vessel will be commenced by G, a mortgagee, by failing to pay interest, etc. on the instant loan due to business depression.
E. Accordingly, around November 2016, I explained the Defendant’s difficult situation while operating the fishing vessel business at the port of Sacc. as above, and instead, if the Defendant uses the vessel of this case to navigate the fishing vessel business, I himself is on board the vessel of this case and the Defendant is on board the vessel of this case, and the Defendant is on board the vessel of this case.