1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Marina constitutes a harbor facility. The Plaintiff obtained permission to use the instant marinaa from the Sejong University Industry-Academic Cooperation Foundation. (2) According to Article 30 of the Harbor Act, a person who intends to use a harbor facility may use it with the Minister of Oceans and Fisheries or with a person delegated or entrusted by the Minister of Oceans and Fisheries with the operation thereof, or with a person who entered into the relevant lease contract (hereinafter “lease contractor”), and the Minister of Oceans and Fisheries or the Minister of Oceans and Fisheries or the operator of a port facility, or a lessee may collect a user fee from a person who intends

3) Not only is the owner of the instant marina, but also is not the operator of the port facility or the lessee’s position under the Harbor Act, but also simply obtains permission to use the harbor facility. Thus, the permission to use the instant marina or use between the Plaintiff and the Defendant or the Industry-Academic Cooperation Foundation of the Sejong National University constitutes a lease agreement under the Civil Act, not a permission given by administrative agencies in a superior position, but also a lease agreement under the Civil Act; and the Defendant, the lessor, the lessor, bears the duty of repair. (4) However, the Defendant installed a mooring yard without a protective facility to prevent the damage of the navigation wave caused by the passage of fishing vessels. Accordingly, the Plaintiff’s vessels mooring at the said mooring is destroyed due to the navigation wave of fishing vessels.

5) Accordingly, the Defendant, as a performance of repair obligation, has a duty to install anti-frequency preventive facilities that can maintain a regular temperature of at least 97.5% per annum in the instant marina, and below the limit of the usage thereof (H1/3). B. 1) A’s statement in the evidence No. 45.