1. Of the judgment of the first instance, with respect to the Defendant (Counterclaim Defendant), KRW 258,978,793 against the Plaintiff (Counterclaim Defendant) and its related thereto.

1. The scope of this court’s adjudication: (a) the Plaintiff sought against the Defendant for compensation for damages incurred by the Plaintiff due to the loss of the said vessel due to the collision of the vessel caused by the Defendant’s fault (hereinafter “instant accident”); (b) the Defendant claimed against the Plaintiff for compensation for damages incurred by the Plaintiff, such as the amount of damages paid by the Defendant to the Plaintiff’s surviving family members in excess of his fault ratio, and the cost of repairing the Defendant’s vessel, against the Plaintiff’s claim for compensation against the Plaintiff, such as the amount of damages paid by the Defendant to the Plaintiff and the cost of repairing the Defendant

In regard to the plaintiff's claim on the main claim, the first instance court acknowledged the plaintiff's damage claim amount against the defendant as KRW 441,329,124, and damages for delay up to the set-off date as KRW 3,808,703, respectively. In this regard, the defendant's claim on the counterclaim amounting to KRW 170,685,855, which set off against the defendant's claim on an equal amount as damages against the defendant, and dismissed the remainder of the main claim, and (2) dismissed the defendant's claim on the counterclaim on the ground that the defendant's claim on the counterclaim was extinguished in full by the set-off amount.

In regard to this, the Plaintiff appealed against a part of the part against which the claim against the Plaintiff was filed, and the Defendant appealed only for the entire part against the claim against the Plaintiff, and explicitly stated in the grounds of appeal that the Defendant does not seek the payment of the balance of the claim for reimbursement against the Plaintiff (see, e.g., Supreme Court Decision 9). Therefore, the scope of the judgment of this court is limited to the part against the Plaintiff and the Defendant among the judgment of the first instance court.

2. Determination on the legitimacy of the application for intervention by an independent party

A. The Intervenor’s assertion 1 intervenor: ① Insurance money of KRW 113,687,00 in full to the Plaintiff pursuant to the fishing vessel insurance contract concluded with the Plaintiff.