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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On December 28, 2015, D Co., Ltd and D Co., Ltd. purchased 67,775,46 mttons (hereinafter “instant cargo”) at KRW 67,775,40, and concluded a cargo insurance contract with the Plaintiff with respect to the instant cargo at KRW 74,52,940, with respect to the Plaintiff, and requested F Co., Ltd. (hereinafter “Defendant”) to provide the instant cargo with marine transportation from the mining port to the military port.
B. On April 12, 2016, from around 15:30 to April 00:40, 2016, the Defendant loaded the instant cargo in the light-going port, “Ghoho (hereinafter “instant vessel”). On April 15, 2016, the instant vessel was towed by the tugboat “H” (hereinafter “the tugboat”). At around 01:15 on April 15, 2016, the instant vessel started to be a military mountain.
C. However, the instant vessel was predicted to have deteriorated weather from April 16, 2016. On April 16, 2016, around 09:30 on April 16, 2016, and at around 35.06:47 degrees north latitude and 126.0 degrees 06 degrees 56 seconds east longitude, and anchored at her place.
From 20:00 on the same day, when weather becomes worse as the weather is accompanied by a strong wind and storm, the instant vessel was born to 35°06°40 of north latitude and 126°01 of east longitude and 30 of east longitude, but anchored on April 16, 201 at around 23:05.
Since then, the weather has deteriorated, and the weather has reached 11.3-17 meters high speed, 3.6-6-6.7 meters high speed, 0.4 meters high speed, and 0.4 meters high speed, and the vessel of this case has shown a serious cryping phenomenon (a move in which the ship is prone and rear) and rolling (a move in which the ship is prone and rear).
Accordingly, at around 2:30 on April 17, 2016, the tugboat started to be separated from the instant vessel for the purpose of protecting from serious danger. D.
As above, the instant vessel was at around 06:10 on April 17, 2016, and around 06:10 on April 17, 201, at 35°06°18 of north latitude, and 126°01 of East longitude 126°01 of East longitude.