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(영문) 서울고등법원 2015.07.03 2013나10668
손해배상(기)
Text

1. Plaintiff 1, among the parts against Defendant C in the judgment of the court of first instance, falls under the following amount:

Reasons

Basic Facts

The Plaintiff is the owner of the D flag (hereinafter referred to as “instant flag”).

Defendant B is the owner of the flagline J (ship number E: hereinafter “instant tugboat”) and the barge K (ship number: F: hereinafter “instant bus line”) and Defendant C is the father of Defendant B.

On January 6, 2012, the Plaintiff entered into the instant contract with Defendant C, and transported the instant flag from Incheon to the Gunsan Port. However, the Plaintiff entered into a contract with the content that the Plaintiff’s work of loading and unloading the instant climate to the ship would be performed on the part of the Plaintiff (hereinafter “instant contract”).

On January 12, 2012, the instant tugboat, including the occurrence of an accident, started from the point of view of the military mountain by towing the instant sub-sub-submiter, in which the flag of the instant flag was loaded at the Incheon port. On January 13, 2012, due to the influence of the mardo on January 13, 2012, the instant towing destroyed the upper part of the flag of the instant flag, and thereby, the occurrence of an accident that falls on the sea (hereinafter referred to as “instant accident”).

On January 15, 2012, the flag of this case arrived at the military port on January 16, 201, and unloaded on January 18, 201.

【Ground of recognition】 The contract of this case is a voyage charter with the purpose of providing the ship on board the ship of this case, at least a seafarer, with transportation of the air of this case, for the carriage of the sea of this case, or at least the carriage of the sea of this case, with the intention of providing the transport of the sea of this case, as a whole, as stated in the evidence Nos. 1 and 2 of this case, Gap Nos. 4, 5, Eul Nos. 2 and Eul Nos. 2.

However, Defendant C, a carrier, attempted to sail with a straight line of a size inappropriate for the carriage of the air of this case and neglected to perform his duty of care for the proper carriage and storage of cargo.

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