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(영문) 대전지방법원 천안지원 2021.02.04 2020가단112177

손해배상등청구의소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a person who engages in the maritime equipment leasing business, etc. under the trade name of “E” in Doo-si.

B. On August 3, 2017, F made a promise to the Defendant for scoo ice ice, and the Defendant moved to the area adjacent to the area adjacent to the Jeju Northern Island, where the Defendant 11:0 of Scoo on August 3, 2017, and the Defendant 4.87 tons of Scoo 12, the Defendant her operation at the front line, on the 12-on 12-on Scoo Don-ri, the southwest-do, the southwest-do.

(c)

The Deceased and F shall wear diving equipment, such as mountain communication, and obtain it at the sea at the same time on the same day 11:40 on the same day.

In the past, two persons were allowed to leave the sea, but the defendant was moving to the ship because he was unable to find the location of the deceased and F's outflow, and the deceased was deprived of consciousness while moving to the ship. At around 12:35, there was an accident that was taken back to the hospital after being taken back to the defendant's ship, but was sent back to the hospital without finding consciousness (hereinafter "accident of this case").

(d)

Plaintiff

B is the spouse of the deceased, and the plaintiff A is the child of the deceased, and is in the legal condition of the deceased.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 8, 9, 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. Since the wind was high at the time of the instant accident, the cause of the claim occurred, the Defendant clearly informed the Deceased and F of the location and time of the outflow, and continued air-proof, and did not discover the deceased’s location and the shortage of oxygen in breach of his duty of care, despite the duty of care to verify the location of the devices, and accordingly, the deceased died of the instant accident. As such, the Defendant is liable for the deceased’s death.

Therefore, the Defendant inherited the damage claim of KRW 10,000,000, which is a part of the deceased’s lost profits, to the Plaintiff A, KRW 4,000,000, KRW 6,000 for the Plaintiff B, and KRW 10,000 for the Plaintiffs respectively, and KRW 5,00,000 for funeral expenses of the deceased to the Plaintiff B.