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(영문) 인천지방법원 2018.05.29 2016가단214758

손해배상(기)

Text

1. The Defendant’s KRW 5,906,275 as well as the annual rate from March 28, 2018 to May 29, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a coastal complex fishing vessel with a length of 14.40m, width of 4.10m, depth of 1.13m, output of 389kW, which is a coastal complex fishing vessel with a size of 9.77 tons installed as a main agency (hereinafter “Plaintiff’s vessel”).

2) The Defendant is the owner of D, a nearby coast-based fishing vessel of 24.00 tons in length (hereinafter “Defendant’s vessel”), which is the owner of D, a nearby coast-based fishing vessel of 24.00 tons in size, which is installed as a main engine, of a 22.50m in length, 5.7m in width, 1.23m in depth, and output 446kW.

B. (1) At around 03:50 on April 10, 2015, the Defendant vessel: (a) went on the sea of approximately 30,000,000, from the port of Taean-gun, Cheongnam-do, where the Defendant vessel, including the captain E, had seven seafarers, including the captain E, left the port of Taean-gun, and set up a safe-line fishing network; (b) the captain E of the Defendant vessel was in a very difficult state to escape from the new wall due to personal circumstances after leaving the port and returning to the port; and (c) there was no seafarer assigned to perform navigational watch on behalf of the captain.

3) On March 31, 2015, the Plaintiff’s vessel, along with G and H, runs a fixed anchor driver network installed in the near the Incheon path-gun F. The Plaintiff’s vessel is a vessel catching the flowers, etc. The Plaintiff’s vessel: (a) sailed from the F, including the captain I, to the near F, where five crew members, including the captain I, are installed at the Incheon coastwise; and (b) from April 10, 2015, the date of the accident, the Defendant’s captain was moving from 04:50 to the steering area along the water and flick with the self-net; (c) the captain of the Defendant’s vessel was working on the steering area; (d) the Plaintiff’s vessel discovered the Plaintiff’s vessel operating at a very close distance to the steering area; and (d) the Plaintiff’s vessel was laid off at the early 4:50 minutes away from the coast of the Plaintiff’s vessel; and (d) the Defendant’s vessel stopped the Plaintiff’s engine on May 36, 19:4:60, Incheon 19.