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(영문) 대전지방법원 2013.12.26 2012가합101613
손해배상(기)
Text

1. The Defendants shall be jointly and severally liable:

A. Plaintiff A: 84,923,060 won;

B. Plaintiffs B, C, and D, respectively, KRW 53,615,373 and each of them.

Reasons

1. Facts of recognition;

A. Defendant G’s position as the parties is the captain of the baseline J (K; hereinafter “instant baseline”); Defendant H is the captain of the barge L (M; hereinafter “instant barge”); Defendant E (hereinafter “E”) is the employer of Defendant G and H.

Defendant I takes the initiative of the network N (hereinafter referred to as “the network”). Defendant F Co., Ltd. (hereinafter referred to as “F”) is a company engaged in construction business, such as asbestos dismantling work and roof improvement work, and Defendant I is registered as its inside director, and the Deceased is registered as its employee.

On the other hand, Plaintiff A’s spouse, Plaintiff B, C, and D are the deceased’s children.

B. At around 13:20 on March 21, 2012, the instant baselined the instant barge in which construction materials, such as sand, were loaded, and Defendant I and the Deceased, etc. were on board the instant barge. At around 20:20 on the same day, Defendant I and the Deceased, etc. were on board the instant barge. (2) At around 20:20 on the same day, the instant baseline changed rapidly on the left side in order to avoid obstacles on the sea at approximately 8 miles in the south East East East East East East East East East East East East-do, and during that process, the Deceased, who was on the right side of the instant barge, was on the right side of the instant barge with strong power, caused the death of the said barge by shocking the left part of the tugboat, and caused the death of the said barge (hereinafter referred to as “the date of the instant collision”).

3) Defendant G was recognized as a crime of occupational death against the Deceased due to the instant accident, and was sentenced to a fine of KRW 2,00,000 on March 13, 2013 by the Jeonju District Court’s Gunsan Branch Decision 2012 Go-Ma738, and the said judgment became final and conclusive on March 21, 2013 (based on recognition). [In the absence of any dispute, the respective entries in Gap’s 1 through 4, 7, 8, and Eul’s 8 (with a serial number), shall be included.

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