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(영문) 춘천지방법원강릉지원 2019.05.14 2018가단31244

손해배상(기)

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 29,392,447 won and 5% per annum from January 13, 2018 to May 14, 2019.

Reasons

1. Facts of recognition;

A. Defendant C is the captain of a fishing vessel D with 9.7 metric tons (hereinafter “instant vessel”); Defendant B is the owner of the instant vessel; and the Plaintiff is a person who engages in a political net fishing with a license from Gangnam-gu market from August 17, 2006.

B. On January 13, 2018, around 04:30, Defendant C, while moving the instant vessel from the 1.6 nautical miles sea of Gangnam-si, Chungcheongnam-si to its fishing port, an accident that takes the screen of the instant vessel (hereinafter referred to as “instant accident”) was occurred, while the Plaintiff moved the instant vessel to its fishing port (aline) and its water (hereinafter referred to as “instant accident”).

Defendant C, with a captain’s experience on the same day, did not know the location of surrounding gym or fishing ground. At that time, Defendant C reported about about 50 meters from the front side of the players at a certain distance, and took the speed of gym pumps as a neutrality, but did not prevent an accident.

C. Although Defendant C attempted to move the instant vessel while leaving a fishing ground while moving the instant vessel, the occurrence of the instant accident was reported by Defendant C more than 10 minutes after the instant accident occurred, Defendant C can be acknowledged in full view of the vessel’s navigational records (No. 37 pages) and the vessel’s navigational records (No. 124 pages of evidence No. 3) indicated in V-Pas system at the time of the instant vessel’s accident.

As a result, the accident of this case was reported to the police box at 04:43, and around 05:00, the defendant B knew of the accident of this case.

Defendant B interfered with the diving upon Defendant C’s request, and cut off the log of the fishing ground affected by scrap dust from 07:25 to 10:38.

As a result, the above political network is cut off from several lines, and it can be repaired in the sea such as the green mos and parts corresponding to the green mos and parts which prevent the escape of the inner mos.