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(영문) 부산지방법원 2019.10.31 2018나5765
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Basic Facts

This Court's reasoning is the same as the corresponding part of the judgment of the court of first instance. Thus, this Court's reasoning is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

Judgment

In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 to 10 (including paper numbers) as to the cause of the claim:

At the time of the filing of the instant lawsuit, the fishermen, including Defendant B, D, C, and E (of them, Defendant B, and Q, are co-managers of Q) were replaced by some members of the Plaintiff, etc., but continued the same work.

The agreement was made to delegate all ancillary affairs, such as the appointment of an attorney-at-law, the determination of contingent fees, and the receipt and distribution of the amount of compensation, which included the delegation that "the settlement of expenses, such as service expenses and litigation costs, shall be determined in accordance with the ratio of the amount of compensation

Around February 2017, the president of the U.S. Association, the president of the T fishing village fraternity, the president of the M fishing village fraternity, the president of the K fishing village fraternity, the president of the K fishing village fraternity, and the fishermen, including Defendant B, D, and C, shall file an appeal to the effect that the decision of the appellate court of the instant lawsuit cannot be accepted, and the written statement containing the following (i.e., “In principle, the organization organized around February 2002 for the protection of the rights and interests of all fishermen of the plane captain in relation to the compensation for damages, etc.) shall first be appropriated from the R Committee (the organization organized around February 2002 for the protection of the rights and interests of all fishermen of the plane captain in relation to the compensation for damages; hereinafter referred to as “R”) that “In principle, the remaining amount shall be distributed with all the expenses, such as the service expenses paid from the beginning of the instant case, shall be prepared.”

A total of 305,210,320 won was required for the instant lawsuit. The Plaintiffs first take part of the members of T fishing village fraternity (62 million won), J fishing village fraternity (33 million won), K fishing village fraternity (25 million won), M fishing village fraternity (25 million won), and U.S. Association (25 million won).

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