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(영문) 서울동부지방법원 2018.05.02 2016가단114416
공제금 청구의 소
Text

1. As to KRW 30,571,030 among the Plaintiff and KRW 22,60,000, the Defendant shall pay to the Plaintiff KRW 7,971,030 from May 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a charter fishing boat B (hereinafter “instant fishing vessel”). Around April 2015, the Plaintiff entered into a contract with the Defendant for the shipowner’s liability deduction (hereinafter “instant mutual aid”) with a view to obtaining compensation for damage incurred by a passenger on board the instant fishing vessel due to his/her physical disability, and agreed to the amount of KRW 1.7 billion per person per the maximum amount of compensation per accident, from April 20, 2015 to December 31, 2015.

B. The main contents of the instant mutual aid agreement are as follows.

Article 6(Compensation for Loss) Paragraph 1

1. Statutory damages liable for the victims to be paid by the beneficiaries;

2. The following expenses paid by the contractor or the beneficiary:

(a) the costs incurred or beneficial to the beneficiary for the prevention or mitigation of the loss under Article 20(1)1;

(b)the costs incurred or beneficial to the Insured in taking the measures of Article 20(1)2.

(c) Article 9(1) of the Costs of Litigation, Attorney Fees, Arbitration, Settlement, or Mediation paid by the Insured.

1. Compensation for damage referred to in Article 6 (1) 1: Compensation to the extent of subscription price;

2. Expenses referred to in Article 6(1)2(a) and (b): Full compensation for expenses;

3. Expenses referred to in Article 6(1)2(c): Article 20(1) of the Compensation to the extent of the amount deductible to the extent of the aggregate of these expenses and the amount of compensation under subparagraph 1.

1. Making efforts to prevent or mitigate damage (including first aid, emergency aid, or other emergency measures for a victim);

2. To take measures necessary to protect or exercise its rights, if any, which are entitled to receive damages from a third party;

C. On June 21, 2015, around 04:04, the Plaintiff departed from the territory of the Yancheon-si, where nine passengers are on board, and sailed near the Yancheon-si.

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