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(영문) 대구고등법원 2018.10.18 2017나23739

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in maritime construction and marine environment maintenance business, underwater construction business, ship manufacturing business, etc., and is a ship D (ship number E: barge, gross tonnage: 250 tons; port of registry: port of registry; hereinafter “instant sea”)

(2) Defendant B is a person who operates a political network fishing ground (hereinafter referred to as “instant fishing ground”) on public waters in the vicinity of a bathing beach located in Gyeong Young-gun, G as the Plaintiff’s representative director, and registered himself as an internal director, and substantially operates the Plaintiff.

3) Defendant C is a ship I (a tugboat: gross tonnage: 22 tons, port of registry: port of registry, port of registry; hereinafter referred to as “instant tugboat”).

B) The Defendant B, as the captain of the instant vessel, agreed to 10,500,000 won from the Plaintiff on September 3, 2015, in order to perform the work of towing the barge by towing the barge using the instant tugboat (hereinafter “instant charter agreement”). The Defendant B agreed to borrow the instant sub-charter, which the Plaintiff embarks with KRW 10,50,00 from the Plaintiff in order to fix the barge to the instant fishing ground.

2) At around 21:00 on September 3, 2015, Defendant C: (a) deposited the instant instant instant instant instant instant instant buset with the instant tugboat in towing it; (b) around 06:00 on the following day, Defendant C arrived at the sea near H beach and arrived at the instant tugboat; (c) around 09:00 on September 4, 2015 to 17:00 on September 4, 2015, Defendant C was installed on the instant bus line and loaded approximately 1.5 tons of sand 180 tons loaded on the public waters near the Gyeongnam-gun, Chungcheongnam-gun; and (d) opened the instant instant instant bus at the sea near the instant fishing ground, and (e) opened the instant tugboat at the sea of the instant case.