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(영문) 전주지방법원 2016.01.08 2014가단33002
사해행위취소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 16, 2014, Jin-gun, Jindo-do, Jindo-do, a 1.8 nautical miles from the 1.8 nautical miles north-do, where the passenger ships owned by Cheongnam-do, Inc. were returned, sunken, and 304 passengers were killed or missing, and 152 passengers were injured.

(hereinafter “instant accident”). (b)

In spite of the duty of Non-party C to take measures to ensure the safety of passengers, such as information on the location of emergency exit and evacuation method in an emergency pursuant to the flight management rules, as well as the duty to take measures to ensure the safe flight of passengers, etc., Non-party C, who were in the above Sewol ferry D, under the direction of his superior, such as the captain, etc., and were in charge of inspecting and maintaining the steering gear or engine equipment, and also required to guide passengers to take measures to ensure the safe flight of passengers, such as Schlage, life raft, emergency bridge, etc., but without taking any evacuation and rescue measures at the time of the instant accident, Non-party C was charged with the occurrence or expansion of the instant accident by destroying the Sewol ferry, without taking any evacuation and rescue measures at the time of the occurrence of the accident, and thereby charged with the crime of abandonment

C. Meanwhile, while searching and saving victims of the instant accident, and managing marine pollution response and other accidents, the Plaintiff first pays search and rescue expenses and other expenses to be borne by the persons responsible for the instant accident, and agreed to compensate the victims for the damages incurred by the passengers, first of all, and then seek reimbursement from the persons responsible for the instant accident to the person responsible for the instant accident, and the details thereof are as shown in the bond list No. 2.

At the time, the above C owned each real estate listed in the attached Table 1 list, but did not have any particular property other than the above real estate, and was in excess of the debt amount.

E. The above C is the defendant A and the annexed 1 real estate list A.

On June 29, 2014, regarding the real estate stated in paragraph (1) (hereinafter “real estate 1 of this case”).

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