(영문) 부산고등법원 (창원) 2021.02.18 2019나13431

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(영문) 부산고등법원 (창원) 2021.02.18 2019나13431

손해배상(기)

Text

1. The judgment of the first instance, including the Plaintiff’s claim modified and added by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The status of the parties C fishing village fraternity is the fishery right holder of the noble fishing net (hereinafter referred to as the “fishing right of this case”) with a permit for fishery business in a demarcated political zone as indicated in the attached drawing from the macromarket (permission number: d.) and the defendant is the member of the C fishing village fraternity, and the plaintiff is the person who transferred the fishery right of this case from the defendant.

B. On September 15, 2015, the Defendant concluded a contract for the lease of the instant fishery right by setting the lease period from C fishing village fraternities as six years from January 1, 2016 to December 31, 2021, with a rent of KRW 60 million per annum, and by January 3 of each year from the payment date of rent (the corresponding year portion).

2) On January 31, 2016, the Plaintiff entered into a contract under which the Defendant re-leases the instant fishery right by setting the lease period as the end of December 31, 2021 (hereinafter “sub-lease contract”). The Plaintiff’s rent, which the Defendant pays to the fishing village fraternity C, is an additional rent of KRW 60 million per annum for the advance payment of rent paid by the Defendant to C and the Plaintiff’s catch, and the Plaintiff expressed the “water completion” and the Defendant’s “sum payment”.

(Article 1 of the Agreement) The following shall be paid.

3) After that, the Plaintiff and the Defendant drafted, in writing, the instant sub-lease contract on February 22, 2018, as follows:

(Contractor) Defendant B: (E) The indication of the object sub-leaseed by the Plaintiff: The fishery right of sub-party fishery leased by the Defendant from the fishing village fraternity E at the time of the Plaintiff:

1. The period of sub-lease is from February 22, 2018 to December 31, 2021, and the former lessee’s Plaintiff pays KRW 10,000,000 to the rent for a year production period of up to 100 tons, and if it is achieved that production has been made more than 100 tons, the excess tonnage shall be paid in addition to 300,000 won per km.

2. The conditions of sub-lease shall be leased by the Defendant from C fishing village fraternity.

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