On October 3, 2012, the main vessel of the instant case was broken out in the course of operation in front of the Ethical sea of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the attached vessel was scheduled to tow the main vessel to the port of departure.

원고는 부속선에서 넘겨받은 밧줄을 본선의 정박용 기둥에 걸어 놓았는데 부속선의 선장이 부속선을 갑자기 출발시키는 바람에 정박용 기둥에 걸어두었던 밧줄이 튕겨져 나와 원고의 다리를 타격하였다.

As a result, the Plaintiff suffered injuries, such as the right-hand pelle, etc.

(hereinafter referred to as “instant accident”). [Grounds for recognition] A, A, 2, 5, B 1-1, 1-2, witness F, and the purport of the entire pleadings

2. Determination as to the claim against the defendant B

A. Defendant B, the owner of the instant vessel in the name of the Plaintiff’s title as the cause of the Plaintiff’s claim, bears an employer’s liability under Article 756 of the Civil Act as the captain F and the captain of the instant vessel, and thus, is liable to compensate the Plaintiff

B. Determination 1) In the case of the name lending relationship, whether there is a relationship of use as an element of employer liability under Article 756 of the Civil Act or not should be determined on the basis of whether the employer was in a position to direct and supervise the illegal person objectively and objectively, regardless of whether the employer actually directed and supervised the illegal person. The shipowner who is liable for damages inflicted on a third party is not only the ship owner but also the person who uses the ship for commercial activities or for profit-making purposes (see, e.g., Supreme Court Decision 74Da847, Mar. 31, 1975).