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(영문) 서울중앙지방법원 2016.01.13 2014가단114518
손해배상(산)
Text

1. The defendant,

A. The Plaintiff’s KRW 84,68,106 and its related KRW 5% per annum from December 2, 2011 to January 13, 2016.

Reasons

1. Occurrence of liability for damages and limitation on liability;

A. The Defendant is the owner of C and D (hereinafter the instant vessel) who is a large-scale fishing vessel with two-boats, each of the crew and crew of the said vessel.

B. In general, two vessels are in the form of fishing in which two vessels are engaged in catching fish by forming a group of vessels with the main and the end line, making the boat covered by the sea for at least 3-4 hours (the two vessels are towing at the end of each side of the water and being towed together). The end portion of the water in one vessel is built in another vessel, and the two nets (the fishing gear, such as the water, shall be carried to the vessel) shall be carried into the vessel, and fish shall be captured in one vessel.

C. On December 2, 2011, the Plaintiff was employed by the Defendant and was put in a work to connect the latter to the latter parts of the instant vessel by using the connecting tool with the Defendant on the part of the project to connect the latter parts of the instant vessel. In a state where the Plaintiff did not provide sufficient education for the connection work to the latter parts of the instant vessel, the Plaintiff was working at a method with a high risk of an accident (referring to a method of connecting the latter parts with each other) and did not connect the latter parts to the latter at a time. As a result, the Plaintiff did not cut back the arms on the power to the latter parts of the instant vessel on the ground that the Plaintiff’s neck was taken at the time of the subsequent parts. Accordingly, the Plaintiff suffered injury to the left parts of the instant vessel, such as damage to the lower parts of the instant vessel, damage to the 6-7 trend of light weather, and instability in 1,000, etc.

(hereinafter referred to as the “instant accident”). D.

The defendant educates the plaintiff's employer about safe work methods, etc., frequently check fishing equipment, such as the latter line, and manages and supervises the work process, etc., and instructs the appropriate work methods after suspending work.

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