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(영문) 수원지방법원평택지원 2019.12.19 2018가단51759

손해배상(기)

Text

1. The Defendants jointly share KRW 50,232,912 to Plaintiff A, and KRW 1,00,000 to Plaintiff B, and each of the said money. < Amended by Presidential Decree No. 27159, May 1, 2016>

Reasons

1. Basic facts

A. The plaintiff A is entitled to:

The defendant C is the victim of the accident described in the paragraph, and the plaintiff B is the spouse of the plaintiff A, and the defendant C is the following:

Defendant D, the owner of E as described in the paragraph, is the child of Defendant D.

B. On May 27, 2016, at around 13:25, Defendant C, as the father, was operating on the sea of approximately 1.5 mama on the northwest-west-west coastwise, Defendant C caused an accident of collision with the player parts of G (hereinafter “G”) operated by F, who was operating with an anchor net in the state of the vessel while operating the E (E), a fishing complex for the coastwise Coast Complex (hereinafter “E”).

C. The Plaintiff, who was on board E due to the instant accident, sustained injury to the left-hand pelgal damage, etc. in need of medical treatment for about 10 weeks.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3-1, 2, 8-5, Eul evidence Nos. 6, 7, and 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) According to the evidence revealed earlier, Defendant C’s liability for damages occurred at the time when the accident in this case occurred, even if the inside was so long as the accident in this case was occupied, Defendant C did not operate all navigational equipment at the time, but did not know that the sea was scattered at the first day of the accident in this case. Defendant C did not know that the sea was scattered at the first day of the accident in this case. Defendant C had a collision with G which was under operation in the state of the vessel due to a sudden change in the course of the operation in order to avoid a log out of the above sea. According to such fact of recognition, it is reasonable to deem that Defendant C caused the accident in this case due to negligence by neglecting to check the characteristics of the accident in this case without sufficiently recognizing the characteristics of the accident in this case’s sea area. Accordingly, Defendant C is liable for compensation for damages suffered by the Plaintiffs.