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(영문) 대구지방법원 2017.02.24 2015가단110185
손해배상
Text

1. The Defendant’s KRW 25,622,106 with respect to the Plaintiff and KRW 5% per annum from June 3, 2015 to February 24, 2017.

Reasons

1. Basic facts

A. From 2002 to 770, the Plaintiff’s outlined the Plaintiff’s fishery damage compensation project operated the air base headquarters from the 2002 through the 770 mine size, and drained the air conditioning water generated in the process of converting LNG into gas into the neighboring sea area. From July 8, 2008, the Plaintiff carried out the dredging work of the two-line wharfs to expand the harbor facilities for the navigation of LNG vessels in the vicinity of the above air base headquarters. As a result, fishery damage, such as the decrease of catch, occurred in the neighboring sea area.

On the other hand, in 2002, fishermen from the Gyeong-nam City, Gyeong-si, and Gosung-gun established the "Committee on Countermeasures for Compensation for Fishery Damage" related to the operation of the Plaintiff's headquarters, and urged the Plaintiff's Corporation to compensate for the above fishery damage.

Plaintiff

On August 7, 2008, the Corporation and the Committee on Countermeasures for Compensation for Damage to Fisheries agreed on August 7, 2008 to provide fishery compensation to fishermen who had been engaged in licensed, permitted, reported, or reported fisheries in the vicinity of the luminous map at the time of navigation. On January 27, 2012, the Korea Institute of Marine Science and Technology requested the Korea Institute of Maritime Science and Technology to provide research services such as the calculation of the amount of damage and the scope of damage, and agreed to determine the average amount of each amount of compensation calculated by the Japanese appraisal corporation and the Korean appraisal corporation based on the results of the service as the final compensation for fishery damage.

B. In the method of calculating the amount of fishery damage by the Korea Maritime Institute of Science and Technology, the Korea Maritime Institute of Research and Technology, upon receiving the above services from the Plaintiff Corporation, shall be aware that in the case of B fisheries which is a reported fishery business in a macro-regional area, the Korea Maritime Institute of Research and Technology constituted the “C Association” and managed daily work logs in a systematic manner. The catch recorded in the work log of the Defendant and other reported fishermen (2005-207) shall be recognized as fishery performance data, and the total amount of the catch shall be reported.

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