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(영문) 부산지방법원 2019.04.04 2018가단314741
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff owned the Plaintiff as the owner of B, a fishing vessel engaged in large trawls (hereinafter “instant vessel”). From April 22, 2014, the Plaintiff was engaged in the operation of the instant vessel in the form of catching fish, etc. for about one week, and returning back to the port after catching fish, etc. for about one week from April 22, 2014 with a permit for inshore fishing from the Busan Metropolitan City head of the Busan Metropolitan City as a starting point to the port of south, with a permit for inshore fishing.

B. On September 16, 2014, C of the instant fishing ground owned by C, with permission for large-scale political net fishing from the inn market, set up and cream-net fishing ground (hereinafter “instant fishing ground”) for the political network fishing ground (two rectangular angles (400m x 150m x 450m x 44.5m) located on the sea far away from approximately three miles in the right direction of D in the direction of D. In short, C of the instant fishing ground owned by C was engaged in fishing.

The fishing ground of this case is set up on the surface of the sea, and under which the fishing ground of this case supports the shape of the political net fixed by anchor, etc. from the private fishing ground to the surface of the water so that the entire fishing gear can do so by anchor, etc., and its water is connected. The fishing ground of this case is connected immediately to the boom, and the water is connected to the fishing ground of approximately 30 cm from the gras.

C. Around 07:00 on August 11, 2015, the instant vessel entered the port where 14 persons, including the captain and the first-class mate, were on board the port, and went into the sea area northwest-gun, Yando, the operation site of the instant vessel at around 07:00 on August 12, 12, 201, and started sailing at around 07:00 on the 19th of the same month, while serving the instant vessel in the northwest-gun, Yando, the operation site at around 07:00 on the 19th of the same month. (2) Around 23:30 on August 23, 2015, the first-class mate and the second-class mate were on navigational watch of the instant vessel at KRW 067,067 on the navigational watch of the instant vessel; and (3) from around 23:00 on the same day, the instant vessel was intruded with the instant vessel at port of May.

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