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(영문) 서울남부지방법원 2017.03.30 2016가합104

구상금

Text

1. The Defendant’s KRW 387,922,103 as well as the Plaintiff’s annual rate from October 23, 2015 to March 30, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established pursuant to the Korea Shipping Association Act with the purpose of mutual aid activities in preparation for disasters that occur during the performance of its members’ business.

Master Shipping Co., Ltd. (hereinafter referred to as "master marine transportation") is a company that is a member of the plaintiff.

B. The registered shipping concluded a ship mutual aid agreement between the Plaintiff and the Plaintiff regarding the term of mutual aid between December 11, 2014 and December 11, 2015, with respect to the “in person gas supply” (hereinafter “instant vessel”), which is an oil tanker with the gross tonnage of 3,851 tons owned by him/her, with the gross tonnage of 1,80,000 U.S. dollars.

C. On August 2015, the Defendant requested repair of the engine room of the instant vessel from the Master Shipping and employed a contacter A, etc., who is a light engineer, participated in the repair work.

On August 2, 2015, at around 14:40, A, using an oxygen cutting machine, was being melted at the main engine 2 located in all the lower part of the Incheon Gas Protection room. On August 2, 2015, there was an accident of fire in the Incheon Gas Protection room, where a fire was caused to the main engine 2, which was located in the lower part of the lowest part of the Incheon Gas Protection room.

(hereinafter “instant accident”). D.

As a result of the assessment of damages of Korea Marine Damage Adjustment Corporation, the amount of damages caused by the instant accident was assessed to KRW 646,526,839.

E. On October 22, 2015, the Plaintiff paid KRW 646,526,839 to the life insurance company in accordance with the vessel mutual aid agreement.

[Reasons for Recognition] Facts without dispute Gap evidence Nos. 1 through 11 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the fact that the existence of liability for damages was recognized, the Plaintiff acquired the right to claim damages against the Defendant by paying mutual aid money to the life-saving Shipping pursuant to Article 664 and the main sentence of Article 682(1) of the Commercial Act.

Therefore, the defendant is an accident in this case to the plaintiff.