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(영문) 대구고등법원 2020.01.31 2019나20413
약정금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

Basic Facts

The plaintiffs are engaged in fisheries in the fishing ground listed in attached Form 2 (hereinafter referred to as “instant fishing ground”) after obtaining a fishery permit listed in attached Form 1 (the plaintiff A shall own 2/3 shares, and the plaintiff B shall own 1/3 shares).

The Defendant is a company that engages in the development and development of electric resources and projects related thereto and constructs and operates C nuclear power plants (C1-4, F1, 2) in the vicinity of the instant fishing ground.

J fishing village fraternity (the representative of fishing village fraternity Plaintiff B) obtained a fishery permit in the instant fishing ground at K around 1999, and obtained a fishery permit in the instant fishing ground at L around 2004.

The J fishing village fraternity held an extraordinary general meeting on November 10, 2008 and resolved to sell L 2/3 shares to the Plaintiff and 1/3 shares to Plaintiff B.

After the above resolution, the plaintiffs obtained a fishery permit in the fishing ground of this case as M.

Plaintiffs obtained a fishery permit listed in attached Form 1 around 2014.

On February 27, 2003, the JJ fishing village fraternity, including the first agreement between the Defendant and the Onnuri Cooperative, decided on February 27, 2003 to delegate matters concerning the negotiations on nuclear power plant damage compensation with the Defendant to the Cr. At that time, Plaintiff B prepared and submitted the power of delegation on behalf of the JJ fishing village fraternity as follows:

Details of delegation

1. Matters concerning decisions on marine impact assessment;

2. Matters concerning the decision on investigation into injury;

3. Matters concerning the terms and conditions of compensation;

4. Other matters concerning the entire contents of the agreement, but if the fishery right becomes extinct as a result of the above investigation, the decision of extinction shall be based on the will of the fishery right holder himself/herself, and the defendant shall be separate from the delegated matters, on April 8, 2003, on damage to the fishery right holder due to the discharge of hot water due to the operation of C. C. C. 1-4 nuclear power plants operated by the defendant.

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