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(영문) 부산지방법원 2016.01.13 2012가합40915

손해배상(기)

Text

1. The plaintiff's claim against defendant B and C is all dismissed.

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

Reasons

1. Basic facts

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

) The State of registry shall have the territory of the Republic of Korea, the gross tonnage of 4,166 tons D” (hereinafter referred to as the “instant vessel”).

Defendant C Co., Ltd. (hereinafter “Defendant C”) is the owner of the marine transport business.

(2) The Plaintiffs are the passengers of the instant vessel and the shippers of the cargo loaded on the instant vessel, etc., who entered into a cargo business contract with Defendant B to operate the instant vessel and run the maritime transport business on the Busan- Jeju Sea route.

B. On September 19, 201, at around 19:00 on September 5, 201, the instant vessel, where a fire accident occurred, was sailing to Jeju-do while departing from the port where the Plaintiffs were on board.

6. 00:57경 여수시 삼산면 상백도 부근 해상에 이르러 1층 화물창(main deck, 이하 ‘이 사건 화물창’이라 한다)에 시동을 켠 채 적재된 주식회사 E(이하 ‘E’이라 한다) 소유의 활어운반트럭(F, 이하 ‘이 사건 활어운반트럭’이라 한다)에서 발생한 전기 배선의 합선으로 인하여 화재가 발생하였고, 위 화재가 2층 화물창, 3층, 4층 객실 및 상부갑판 등으로 옮겨붙어 선적된 자동차, 화물 등이 소훼되는 사고가 발생하였다

(2) The captain G of the instant vessel and the crew members, including the captain G of the instant vessel and the 2nd engineer of the instant vessel, discovered the occurrence of the instant accident through a warning of the fire alarm devices installed in the steering house. However, the captain G did not confirm the exact point of the occurrence of the instant accident due to the smoke, toxic gas, etc., and was attempted to confirm the point of occurrence of the fire, and the captain G was issued an order to abandon fire and to abandon fire. 3) The Plaintiffs escaped from the instant vessel due to the instant accident and rescued the instant vessel by the maritime police, and loaded the instant vessel.