손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s basic fact-finding (fact-finding) refers to the case where a pilot goes on board a ship in the Pyeongtaek-si port and the pilotage area and provides guidance to the safe waterway of the ship.
A person operating a business, and the defendant is a foreign corporation that leases a ship C (C; hereinafter referred to as the "ship of this case") to carry on marine transportation services by chartering the ship's hull.
The instant vessel entered Pyeongtaek Port on November 28, 2017 for cargo and departed from the port on November 29, 2017.
The Plaintiff completed the pilotage service of the instant vessel departing from Pyeongtaek Port, and completed the pilotage service of the instant vessel, and the instant vessel is equipped with a bridge made of a log and a plate so that pilots may embark and disembark the instant vessel and embark on and disembark the vessel, so that one can be allowed to extend to and off the ferries the vessel to an appropriate length on the deck. During leaving the instant vessel with a pilot on board and getting off the vessel, the Plaintiff was subject to an accident that fell from the pilot’s floor to an adequate length on November 29, 2017.
(hereinafter “instant accident”). At the time, the maritime condition was very windy and the intensity was strong.
The Plaintiff was unable to engage in pilotage services for three months, after suffering from injuries, such as pressure pressure pressure and divers damage during the instant accident, etc.
2. The assertion and judgment
A. Article 25(1) of the Plaintiff’s Pilotage 1 provides that “the captain shall take necessary measures, such as providing the pilot with the facilities for boarding and leaving a ship so that the pilot can safely embark and disembark.” Nevertheless, the Defendant and the captain of the instant vessel, etc. caused the instant accident by failing to take necessary measures to ensure that the Plaintiff safely disembarked. The Plaintiff suffered damages equivalent to KRW 160,756,10 (the daily income KRW 144,236,070, KRW 6520, KRW 400, KRW 1,520, KRW 400, KRW 1,000) due to the instant accident, and thus, the Defendant is liable to pay the said money and delay damages to the Plaintiff. 2)