(영문) 서울남부지방법원 2018.05.18 2017가단10231

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(영문) 서울남부지방법원 2018.05.18 2017가단10231

손해배상(기)

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1. The Defendant’s KRW 14,903,232 as well as the Plaintiff’s annual rate from July 15, 2015 to May 18, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Defendant is a company running a service tourism, a lodging business (marine satisfaction facility, hotel, etc.), a marina business, etc., and C is a person working as the captain of a yacht D (mast and 24 tons) which is an excursion ship owned by the Defendant. 2) C around 11:20 on July 15, 2015, at the Defendant’s place of business located in Seopopopopo City E, 27 passengers on board the said D, and was waiting to confirm the status of entry and departure of other ships while entering the said yacht course of business at around 12:15 on the same day.

At the time, there was a collapse, and thus, C, the captain, has a duty of care to maintain a certain speed so that the ship can secure its own stability and make a voyage, and to maintain the ability to keep the ship navigation on its own, and there is a duty of care to maintain a certain distance from rocks or on the ground so that the ship may not conflict with the ground.

Nevertheless, C, at the sea of about 200 meters prior to the breakwater of the above yacht course, suspended the engine of a vessel in the middle of the breakwater and was waiting in the atmosphere of being unable to navigate the vessel, due to the occupational negligence, and at least 12:20 meters high of the same day, C, at the bottom of the breakwater, has to collision with the breakwater in which the vessel was pushed away by the collision of at least 5 meters high.

As a result, C caused an accident that the plaintiff, who is a passenger on board the above vessel, suffers from an injury to the dives, dives, and dives of dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the dives of the s

[Ground of recognition] Facts without dispute, Gap evidence 1 and 7, each of Gap evidence 1, Gap evidence 2 and 5, the purport of the whole pleadings

B. According to the above facts, the accident in this case occurred due to the negligence of C, the master, and the defendant as the employer.

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