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(영문) 부산고등법원(창원) 2015.07.16 2014나2962
손해배상(기)
Text

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. The reasoning for this Court’s explanation concerning this part of the facts of recognition is as follows, and this part of the reasoning of the judgment of the first instance is as stated in Article 420 of the Civil Procedure Act, and this part is cited by the main text of Article 420 of the same Act.

The reasoning of the judgment of the court of first instance

1.(a)

1) The part of paragraph (1) is modified as follows. 【The transfer registration of ownership was completed on April 23, 2002 with respect to C (Powered power-driven vessels, water-driven rivers, 69 gross tonnage: hereinafter “instant vessel”) and the ownership transfer registration was completed on the same day on October 8, 2010, but H and the Plaintiff’s mother-child J substantially managed the instant vessel.

A person shall be appointed.

B. The reasoning of the judgment of the court of first instance

1.(a)

2) The part of paragraph (1) is modified as follows. Around February 16, 2011, the Defendant entered into a seafarer labor contract with the Plaintiff, the owner of the instant vessel, with the effect that the Plaintiff would receive wages from the Plaintiff (referring to the seafarer wage system as stipulated in Article 3 subparag. 10 of the Seafarers Act (amended by Act No. 11024, Aug. 4, 201) and that the remainder of the total amount of fishing during the operating period deducted common expenses for operation, operation, etc. from the total amount of fishing during the operating period, is first distributed among the owner of the instant vessel and the seafarers at a certain rate set in advance in the labor-management agreement, the labor-management agreement, or the seafarer labor contract, and thereafter, divided the amount of wages among the seafarers according to their respective positions). From February 16, 2011 to January 13, 2012, the Defendant is serving as the head of the instant vessel (an engine driver, repair an engine engine, engine, oil tank, etc.).

A person shall be appointed.

2. The defendant's summary of the plaintiff's assertion is below the defendant.

Due to the error like subsection 1, two power generatorss, engines, etc. of the instant vessel.

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