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(영문) 부산고등법원 2017.01.25 2015나922

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The reasoning for the court's explanation on this case is that the defendant submitted additional evidence to the court for this case, and the ship of this case was not seaworthiness beyond the limit of the decline under the Ship Safety Act. Thus, it is insufficient to recognize the defendant's assertion that the third accident of this case occurred due to such fundamental defect, the court's inquiry results on the Gyeongnam Shipbuilding Co., Ltd. and the part of the appraisal results by the court of first instance as well as the reasoning for the judgment of the court of first instance, except for the case's dismissal of some parts as follows. Thus, the court's explanation on this case is acceptable as it is in accordance with the main sentence of

2. Parts to be dried;

(a) The part of “(based on recognition)” as stated in Chapters 4, 13, and 16 of the first instance judgment shall be followed as follows.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 20 (including each number, hereinafter the same shall apply)

(ii) the statements in Eul evidence Nos. 1 to 10, testimony of the witness I of the first instance trial, the result of the appraisal commission of the appraiser I of the first instance court to the appraiser I of the first instance court, the Ulsan Port Corporation of the first instance court, the Busan District Office of Ship Safety Technology, the Busan District Office of the Busan Regional Port Authority, the Busan Regional Port Authority of the Sea Safety Technology Corporation, and the result of the fact-finding inquiry to EMT, which is

B. According to the repair cost of the instant vessel and the evidence prior to the amount of the operating loss during the repair period, and the fact-finding on the KOSA certified damage adjusting company of this court, the repair cost required for the instant vessel repair is KRW 470,480,340,00 (=427,709,400), 1.1.0,400 x 1.00 x 1.1,40; hereinafter the same shall apply.

The amount of loss for operation is KRW 21,152,416 (=18,107.) since it is necessary for 35 days to complete the operation after towing, commercial and repair of the ship, the amount of loss for operation is about 21,152,416 (=