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(영문) 대전고등법원 2016.09.29 2016누11092
재결취소
Text

1. All of the plaintiffs' claims are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Occurrence of marine accidents and details of adjudication;

A. C (hereinafter referred to as “C”) a ship navigating by being towed or pushed by another ship due to lack of self-way navigation capacity, and a shipowner’s stone refining construction corporation, and a person who works for the captain of a barge; D) a collective mooring of the barge extending over the Cheongdo-dong and Do-dong of Busan, Young-gu, Cheongdo-do-dong and Do-dong on January 26, 2014 with the assistance of a tugboat for the inspection and maintenance of equipment.

In line with the direction of the tugboat's captain, one anchor on the stern port (the location of the anchor which is opened on the sea may be confirmed when the anchor be opened when the anchor is opened on the sea) was set at anchor line (Wirerope, 38 meters in diameter), and 150 meters was set at the anchor line (Wirerope, 38 meters in diameter), which was set at two lines of synthetic resin on the fore part and the left part of the fore part of the fore part, and the anchor on the fore part of the fore part of the fore part and the fore part of the fore part of the fore part.

B. A barge E (hereinafter referred to as “E,” Plaintiff A, and Plaintiff B) moved to the Cheong Schoolhouse on January 31, 2014 with the tugboat’s aid, and then moored to C’s right side. In line with the tugboat’s captain’s instructions, one anchor (less at anchor) at the center of the stern center was installed, and the anchor line (Wirerope, 38m in diameter) was granted about 100m in length, while getting the players to walk to the inner wall, the two lines were put to the subject line of the Cheong School Station, which was set up with the Cheongdo line that was moored on the port side.

C. On February 7, 2014, F Co., Ltd. instructed C’s ship owner D to “To make preparations for departure from the port.” At the time, the Korea Meteorological Administration issued a preliminary severe weather report stating that “I will take effect from February 7, 2014 to February 6, 2016 on the sea near the south Sea-west,” “I will take effect from the night on February 7, 2014.”

C Dual D.

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