(영문) 광주지방법원 순천지원 2018.11.07 2018가단72977

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Reasons

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(영문) 광주지방법원 순천지원 2018.11.07 2018가단72977

손해배상(기)

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1. The Defendants jointly share KRW 44,424,493 for each of the Plaintiffs, as well as their respective amount from April 11, 2015 to November 7, 2018.

Reasons

1. Basic facts

A. The Plaintiffs are the owners and the captain of the aquaculture E (1.18 tons, 6.54 meters in length, 1.89 meters in width, hereinafter “Plaintiff’s vessel”) and the FF children who have installed 27 fish farms at sea and engaged in fisheries.

Defendant D is the owner and captain of emphasizing cargo G (40 tons, 22.9m in length, 7m in width, hereinafter “Defendant ship”) and Defendant C holds a 6th engineer’s license, 6th engineer’s license, and 6th mate’s license on November 28, 2014.

B. The F had A and the Defendants between H, the wife, and H. However, around April 11, 2015, the F completed work at H and the Habriculture, and completed work at H, I, and B on board the Plaintiff’s vessel, the maximum number of passengers on board of which is two, with H, I, and the Plaintiff on board the port at the remaining port of the Habri-do.

C. Meanwhile, even though the captain holding a sixth or higher mate's license and the chief engineer holding an engineer's license for the sixth or higher class in order to operate the Defendant's ship should work on board, the Defendant D instructed the Defendant C to operate the Defendant ship independently on April 11, 2015. At around 16:30 on April 11, 2015, the Defendant C went through the vicinity of the Taedo-do-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-do-ri-ri-

At this point, the width of the parallel of 7,8 each class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class of the class

However, Defendant C is at a rapid speed of about 20 km (40km/s) from the front side while neglecting the surrounding boundaries without operating navigation equipment, such as radars, by putting on the left side of the waterway and passing through the left side.

참조조문

-선박직원법 제11조

-선박직원법 시행령 제22조 제1항

유사 판례

-광주지방법원 순천지원 2018.07.19 2018가합10815

-창원지방법원 2016.12.13 2016구합52420

-창원지방법원 통영지원 2019.05.13 2019고정49

-창원지방법원 2016.12.13.선고 2016구합52420 판결

-울산지방법원 2015.03.19 2014고정1953