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(영문) 제주지방법원 2017.10.16 2016가단59487
손해배상(기)
Text

1. Defendants B, C, and D jointly share KRW 59,00,08,524 with respect to the Plaintiff, and the period from March 1, 2016 to October 16, 2017.

Reasons

1. Basic facts

A. (1) The defendant C is the captain of the Sungsan Ship G (29 tons) with the Sungsan Ship G (29 tons), and the defendant B is the owner.

(2) Defendant D is the owner and captain of Sungsan P(29 tons) of Sungsan P&A vessel on board P(29 tons) in Seocho-si.

(3) Defendant E is the mother of Defendant D, and Defendant F is the wife of Defendant D.

(4) I shall:

As described in paragraph (1), the Plaintiff died due to Defendant C and D’s negligence, and the Plaintiff was succeeded to 2/5 shares as his mother.

(s) 3/5 shares are inherited by the wife J. (B).

(1) On June 9, 2016, Defendant D was convicted of the following criminal facts in Jeju District Court Decision 2016Kahap14 on the occurrence of the instant accident and criminal conviction, and the said judgment became final and conclusive.

"The defendant D was on February 25, 2016, 07:30, on the 07:30, on the part of the defendant, on board H at the defensive port of Ulsan-dong, Ulsan-gu, and entered the port of operation with eight crew members.

Defendant D is the same year.

3. 1. At around 09:00, all of the steering units of the Amateur was set up at a voyage course 180 to move the automatic steering gear from the south East East East Sea, and operated at a about 5 knots rate.

In such cases, since there are many fishing vessels and traffic lanes, Defendant D, who is responsible for the safe operation of a vessel, has a duty of care to safely operate the vessel so that it can grasp the surrounding situation and the risk of collision with other vessels in advance, and that it has a duty of care to safely operate the vessel so as not to cause any accident of sea accidents, such as delayed or stop at a speed.

Nevertheless, Defendant D was negligent in sailing on a yearly basis without giving up the number of regular personnel and at the speed of 10:30 on the same day, and due to the negligence, Defendant D suspended engine from the front line of the sea 65 nautical miles (32°38 minutes north latitude, 127°40 minutes east longitude) from the south East East East-si, Seopo-si, 10:30 on the same day, and engaged in the operation of removing fish nets.

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