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(영문) 제주지방법원 2020.08.24 2019가단6224
대여금
Text

1. The defendant shall pay 52,00,000 won to the plaintiff and 12% per annum from February 18, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a ship D (hereinafter “Plaintiff’s ship”) and the Defendant is the head of an agency who works on the Plaintiff’s ship.

B. The Plaintiff and the Defendant concluded a labor contract on January 2019, and the main contents of the Rules of Employment for Coastal and Inshore Fishing Vessels, as agreed by the Plaintiff and the Defendant, are as follows.

Article 4 (Payment and Settlement of Wages) (1) The wages of seafarers shall be based on the proportional pay, and the monthly fixed pay shall be 220,000 won for the minimum standard of living.

(3) The payment on the proportional pay shall be made at the time of the settlement, and the settlement shall be made each year before memorial stones and Gu administration.

Article 6 (Payment of Limits) (1) A shipowner shall pay seafarers wages 50% of the remainder after deducting the common expenses under Article 6 from the amount of fishing.

(2) The rate of allocation by class referred to in paragraph (1) shall be as follows:

(3) Only one unit shall be added according to the number of persons on board.

(4) A shipowner shall present documents necessary for distribution of proportional pay, such as a detailed statement of sales of catches, a detailed statement of common expenses, evidential documents, etc. before distributing proportional pay.

Article 7 (Common Expenses) The common expenses referred to in Article 5 (1) shall be as follows:

1. Sales commission and loading and unloading incidental expenses;

2. Fishing sellers, containers and ices, fuel expenses (including LPG), main and subsidiary food expenses, armores, baits, cooking expenses;

3. Supplementary expenses for lost fishing gear during operation, and communications fees generated during the operation period (limited to those for ship-satellite telephone);

4. The shop fees for shipbuilding centers shall be twice a year; and

(When attaching tax invoices and Cash Receipts)

5. Amount equivalent to four major insurances (national pension, employment, health, and industrial accident);

6. Of the institutional expenses, expendable goods shall be common expenses, and the replaced part shall be borne by the owner;

7. The amount added to the insurance proceeds from the E-association mutual aid when vessel or engine repair is conducted.

8. Personal supplies do not include common expenses.

(for example: Tobacco, etc.) Article 8 (The Wages and Timing for Passengers) (1) Any person who has left a ship voluntarily shall be paid in advance with the owner.

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