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(영문) 대전고등법원 2016.08.18 2015누13961
재결취소
Text

1. The plaintiff's claim is dismissed.

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

The Korean Maritime Safety Tribunal.

Reasons

1. Occurrence of marine accidents and details of adjudication;

A. (1) On November 25, 2014, around 10:35, 2014, C loaded fuel oil at a port in Ulsan Metropolitan City, Ulsan Metropolitan City, with a petroleum product transport vessel, and thereafter departing from a military mountain port where nine seafarers, including the Plaintiff, who is the captain, are on board and waiting at a military port. (2) On November 26, 2014, C arrived at a military port outside a military mountain port on November 26, 2014, and was waiting at a A-2 anchorage, and confirmed the cargo D, which was sailing at the foreline, while sailing at the foreline the port of the military mountain port at around 05:55 on November 27, 2014.

3) On November 27, 2014, at around 06:19, the Plaintiff, the captain of C, was trying to overtake D, making D’s pilot E at the right time, making the speed of D’s pilot E, and subsequently overtaking D at the right time. On November 27, 2014, around 06:33, 2014, the Plaintiff, the captain of C, intended to control the departure from the military port, and each vessel was waiting to wait.

5) On November 27, 2014, C met, at around 06:46, the tugboat F’s towing line, and around 06:56, the Plaintiff, the captain of C, at around November 27, 2014, stated that D’s pilot E, “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am............

7 At the time of the above communication, D’s pilot E was unaware of the fact that C was moving back to the central part of the sea route and was obstructed by approximately 100 meters of the D’s players, and found C as the land immediately after the communication.

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