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(영문) 창원지방법원진주지원 2016.04.20 2011가합3469
손해배상(기)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are corporations that install and operate C power plants D or E heading to engage in the development business of electric resources in the sea near C power plants after obtaining a fishery permit as stated in the “permission type business” and “permission period” as shown in the attached Table from B head of Gun.

B. Around September 1989, the Defendant started commercial operation upon completion of the construction master plan for C power plants D and F Ho, and started commercial operation by July 10, 2001. On October 11, 2002, C power plants H and E are established and approved by the Republic of Korea (competent Minister of Commerce, Industry and Energy) on the implementation plan for C power plants H and E, and the Republic of Korea announced the implementation plan for C power plants H and E Ho as I in the notification of the Ministry of Commerce, Industry and Energy on the same day. The Defendant started commercial operation of C power plants H and E, and commenced commercial operation of C power plants H and E on December 28, 2008 after completion of C power plants H and E, May 27, 2009.

C. The Plaintiffs demanded the Defendant to compensate for damages by asserting that they suffered damages due to the installation and operation of C power plants operated by the Defendant. The Plaintiffs delegated all matters concerning the compensation for damages with the Defendant to J and K for negotiations on the above compensation for damages, and prepared and delivered a power of delegation that they would not thereafter raise any civil or criminal objection regarding the determination of compensation amount, terms and conditions of compensation, receipt of compensation, etc. (hereinafter “each power of delegation”), and J and K issued each power of delegation to the Defendant.

Although the defendant has been conducting negotiations between J and K on the loss or damage caused by the installation and operation of Celectric power plants, unlike the license fishing, etc., coastal fishing is excluded from the compensation or damage compensation.

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