Plaintiff

A's lawsuit against Defendant E corporation shall be dismissed.

Plaintiff

A Claim against Defendant D Co., Ltd.

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a project implementer that carries out G construction projects (hereinafter “instant projects”) at the Gosung-gun Fwon in Gyeongnam-gun, and Defendant E Co., Ltd. (hereinafter “Defendant E”) is a contractor that is in charge of construction of the instant project (hereinafter “instant construction”). Plaintiff A and the network B are fishermen who carried out political net fishing in the neighboring waters outside the area where the Defendants carried out the instant project.

B. On October 29, 2015, Defendant D obtained approval of an implementation plan for electric source development business concerning the instant project from H as publicly notified by the Minister of Trade, Industry and Energy pursuant to Article 5(1) of the Electric Power Source Development Promotion Act.

Since November 2015, the instant construction began from around November 2015, and blasting work that can reduce noise and vibration was conducted from around January 2016 to January 2018, and construction of structures, etc. as of the date of closing argument in the instant case is underway.

C. The deceased B’s death and the litigant B died on May 18, 2020 during the instant lawsuit.

C independently succeeded to the fishery right of the network B as the grandchildren, and the network B.

[Ground of recognition] No dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Defendant E received a seizure and collection order against KRW 670,370,359, out of the amount of the fishery right damage compensation claim that Plaintiff A would receive from Defendant E, and thus, Defendant E’s lawsuit is unlawful as it was filed by a person who does not have the right to perform a lawsuit.

According to the evidence evidence Nos. 5, the following facts are as follows: (a) the corporation I received a seizure and collection order as such (the Changwon District Court 2020 Doz. 2020 Doz. 24, 2020). (b) The above seizure and collection order against the defendant E, the third debtor.