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(영문) 광주지방법원해남지원 2015.05.19 2014가단20315
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. From September 2009 to October 12, 2012, the Plaintiff installed approximately 70 lines (hereinafter “instant aquaculture facilities”) in front of approximately 30 meters in the sea (hereinafter “the sea of this case”) 30 meters (hereinafter “the sea of this case”) in Yando-gun, Jeonnam-do from September 2009, and operated fish farming of seaweeds.

B. On October 12, 2013, Defendant C, with the permission of Defendant B, installed 30 lines (150 meters per line) of the instant aquaculture facilities in the instant aquaculture facilities from October 12, 2013 to the instant sea.

C. From October 2013, the Plaintiff filed a complaint with Defendant C as the crime of interference with business by asserting that Defendant C damaged the instant aquaculture facilities and interfered with its business by installing additional aquaculture facilities. However, the prosecutor in charge decided on November 5, 2014 that “no suspicion exists” was not prosecuted due to insufficient evidence.

(Seoul District Public Prosecutor's Office of Maritime Affairs, 2014, No. 2349). D.

The Plaintiff and the Defendants received a summary order of KRW 1,00,000 for each charges of installing fish farming facilities or conducting the business of cultivating seaweeds without obtaining a license, even though they want to use the bottom of the waters or install facilities under water necessary for the business of cultivating seaweeds in a demarcated area of certain waters (Yanju District Court 2014 high-level 1611), and the above summary order became final and conclusive as they are.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 2, Eul evidence 4-5, the purport of the whole pleadings

2. The Plaintiff’s assertion is the cause of the instant claim. Around May 2009, the Plaintiff: (a) set up a new 80 line in the sea of the instant case, consisting of wire ropes, anchor lines, anchor lines, boos, etc. on the sea of the instant case; and (b) carried the fish farming facilities to Defendant C for four years until 2012; (c) around October 2013, Defendant B sold the said fish farming facilities to Defendant C; and (d) Defendant C installed a line to engage in the instant fish farming facilities that the Plaintiff installed.

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