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(영문) 전주지방법원 2018.06.21 2017나8084
손해배상(기)
Text

Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below shall be revoked and revoked.

Reasons

In fact, on March 7, 2012, the Co-Defendant B (hereinafter “B”) of the first instance trial, which entered into a report on the fishing vessel business and a mutual aid agreement on the instant vessel, acquired the ownership of the FRP 9.7 tons vessel (the name of the vessel shall be “E”; hereinafter “instant vessel”) using 650 E”) and operated the fishing vessel business using the instant vessel in the trade name “E” from March 15, 2012.

B On March 7, 2013, between Defendant National Federation of Fisheries Cooperatives (hereinafter referred to as the “Defendant Union”) and the National Federation of Fisheries Cooperatives (hereinafter referred to as the “Defendant Union”), concluded a mutual aid agreement on the shipowner’s compensation liability with the content that “if the shipowner is liable for physical disability of passengers on board the instant vessel due to an unexpected accident, it shall be compensated for such damage.” On the same day, the shipowner reported the fishing vessel business of this case on the same day.

B On January 24, 2014, the title “C” was “A” with respect to the instant vessel between D and D, which runs the retail business of fishing products, and entered into an agreement with B and D, stipulating that “The instant vessel shall be leased from January 24, 2014 to January 23, 2015, and rent shall be KRW 5,00,000 per month, while D shall take over the instant vessel at KRW 240,000,00 after January, 20, and the vessel repair cost (excluding general expendable goods) and insurance premium shall be paid jointly by B and D” (hereinafter “instant agreement”).

On the other hand, B changed the name of the instant vessel to F upon D’s request on January 23, 2014, the day before the conclusion of the instant agreement.

B On September 18, 2014, during the instant contract period, the Defendant Union entered into a main liability mutual aid agreement (hereinafter referred to as “instant mutual aid agreement”) with the same content as the prior mutual aid agreement, except that the period of mutual aid between September 18, 2014 and September 18, 2015, for the period of mutual aid between the Defendant Union and the same association. The same day of mutual aid agreement is March 10, 2014.

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