beta
(영문) 부산지방법원 서부지원 2018.04.20 2017가단105355

손해배상(산)

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A (the plaintiff) was born in Vietnam, and the plaintiff B (the plaintiff was born in 2009) around the non-party D (the plaintiff et al., the plaintiff et al., the plaintiff et al., the plaintiff et al. were born in Vietnam.

B. From around 2011, the Deceased had been working as the crew of E, a large net fishing vessel owned by the Defendant Company, and around 03:30 on September 9, 2016, the Deceased had been working as the crew of E, a large-scale fishing vessel owned by the Defendant Company. At around 03:30 on September 9, 2016, when he had been engaged in the work of raising the water from the vicinity of the right line of the said fishing vessel operated at the northwest-dong of Jeju-do, the Deceased was sent back to the emergency room located in Jeju-si, by an accident that was carried out automatically along with the water, by an accident that was carried out in the automatic back of the said vessel. However, at around 07:32 on the same day, he died

(hereinafter “instant accident”). 1. The Plaintiffs and the Defendant Company agree to incur KRW 200,00,000 as the bereaved family insurance money and funeral expenses according to the instant accident.

2. The amount includes all the amount of compensation provided for in the Seafarers’ Act and other relevant Acts and subordinate statutes, including the Seafarers’ Act and the Civil Act.

3.The above compensation shall be exempted from all civil and criminal responsibilities as the compensation and shall not raise any objection.

4.This Agreement shall be prepared in duplicate, keep in duplicate each other, sign each other, and shall be effective from the date of payment of compensation after signing the agreement.

5. All expenses incurred in funeral procedures shall be borne by the defendant company.

C. Regarding the instant accident, around October 2016, the Plaintiffs and Defendant Company, the inheritor of the Deceased, drafted a written agreement on the following summarys:

(hereinafter “instant agreement”). D.

In accordance with the instant agreement, the Defendant transferred KRW 200,000,000 to the bank account under the Plaintiff’s name from November 24, 2016 to December 25, 2016, and (2) separately disbursed KRW 15,03,570 in total as expenses for the funeral procedures of the Deceased.

【Ground for recognition” has no dispute, Gap 1 through 6, 9, and .

참조조문