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(영문) 광주지방법원해남지원 2016.07.20 2015가합193
손해배상(기)
Text

1. The Plaintiff (including the counterclaim)’s main claim against the Defendant (including the Plaintiff) and the Defendant (Counterclaim Plaintiff)’s fishing village fraternity B.

Reasons

1. Basic facts

A. Defendant fishing village fraternity is a fishing village fraternity comprised of the members of the fisheries cooperatives residing in Jeondo-gun, Jeondo-gun, and is a fishery right holder of the fishery right on the license for communal fishing business in Jeondo-gun (hereinafter “instant fishery right”).

B. On November 24, 2009, N, the husband of the Plaintiff entered into an exercise contract on the instant fishery right with the Defendant fishing village fraternity providing that N may collect brin (limited to those that cannot be collected by hand) within the licensing area from January 1, 2010 to December 31, 2015, as a member of the Defendant fishing village fraternity.

(No. 4 12) Matters to be observed attached to the event contract shall be determined as follows:

Collection area - All coastal geographical lines of the Defendant fishing village fraternity (from the point of origin to the back point of origin) - booms which cannot be collected as dones - N may not claim any right when compensation is made due to national projects.

- Defendant fishing village fraternities shall designate a management line and take all administrative measures to ensure that they can collect Nbalines, and shall transfer a literacy complex and a passage to another water area.

C. N used O, P, Q, etc. within a licensed place in accordance with an event contract, and the Defendant fishing village fraternity, the head of Si/Gun/Gu, in order to use a fishing vessel necessary for the management of fishing ground of the fishery (hereinafter “management vessel”) by the head of Si/Gun/Gu, shall obtain designation from the head of Si/Gun/Gu.

In such cases, a control vessel shall be limited to a fishing vessel owned or leased by a fishery right holder.

Pursuant to this, the vessel used N was designated as a fishing vessel necessary for the management of fishing grounds in the licensing area and was requested to take necessary measures, such as being designated.

N died on March 19, 2014, and even after that, the Plaintiff continued the collection of sludge using the ship used by N.

Defendant.

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