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(영문) 창원지방법원 2017.08.24 2016나59864
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except where the pertinent part of the judgment of the first instance is modified as stated in the following Paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Forms 7 and 11 of the judgment of the first instance shall be applied to the following parts:

(1) The period for recognition of the fishery right (A) of this case: The five years from June 15, 201 to June 14, 2016 / [based grounds for recognition] Eul evidence 7, 8-1-1, 600,000 won per annum for witness I of the first instance court / [based grounds for recognition] evidence No. 2, Eul evidence No. 7, 10-1, 2-1, 3,000 won per annum for witness I of the first instance court / 5 years (6 million won / 5 years : 200,000 won per annum : from June 15, 2011 to June 14, 2016 / [30,000 won per annum of the evidence No. 1, 60,000 won per annum of the first instance court / [30,000 won per annum of the witness] evidence No. 1, 200,000 won per annum

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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