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(영문) 광주지방법원 해남지원 2018.12.18 2018가단200461
손해배상(기)
Text

1. The Defendants are jointly and severally liable to each of the Plaintiffs for KRW 6,750,00,000, and the amount shall be from September 26, 2017 to December 18, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant D leased and operated F and G from each owner of the vessel, and Defendant C is the captain of F F employed by Defendant D and the captain of G employed by Defendant D. 2) Defendant C operated F on September 26, 2017, and changed to the right side to avoid Madon vessel, which was on the sea near Hado-gun, with the operation of F around 09:30 on September 26, 2017.

Defendant C neglected to perform the duty of the front direction, and did not discover a model that was owned by the Plaintiffs in the front direction of the change direction, and F did not sit F on the above aquaculture structure.

3) Accordingly, Defendant C requested the captain of G, who was operating along the same line, to use G in response to Defendant C’s above request, to tow F from the above cultivation structure. Defendant C attempted to tow F from the above cultivation structure by using G. In that process, the farming structure required by F was led to the left and left, and eventually, the Plaintiff’s 2 partitions were spread in the sum of 4 partitions in each of the above cultivation spaces of the Plaintiffs (hereinafter “instant accident”). [Grounds for recognition] The entry of No. 1 (including the serial number) and the purport of the entire pleadings, and the purport of the whole pleadings.

B. According to the above facts of recognition, the accident of this case is deemed to be an accident caused by the concurrent negligence of Defendant C and E in the course of towing Defendant C’s marine navigational negligence and F. Thus, Defendant C and E as joint tortfeasor, Defendant C and E as joint tortfeasor, and Defendant C and E jointly are liable to compensate the damages suffered by the Plaintiffs due to the accident of this case.

2. Scope of damages.

A. In full view of the facts stated in Gap evidence 1-22, 23, and 9, and witness I’s testimony as to the cost of removing damaged fish farms and manufacturing new fish farms, the plaintiffs totaled KRW 1,3560,000 = cost of manufacturing 1,3560,000 = cost of removing and newly manufacturing fish farms destroyed by the accident of this case.

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