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(영문) 제주지방법원 2017.06.12 2016가단577
손해배상(기)
Text

1. The Defendants jointly do so to the Plaintiff KRW 19,112,010, Plaintiff B, C, and D, respectively, and each of them.

Reasons

1. Facts of recognition;

A. Defendant E is the owner of the Busan Metropolitan City Loading G Ship (179 tons, hereinafter “Defendant Ship”) who is the captain, and Defendant F is the captain of the said vessel.

B. On September 2, 2015, at around 19:00, four seafarers, including Defendant E and F, were on board, and at the port located in the Seocho-si Port, the Defendant vessel: (a) sailed to the port of Busan for the H work at the port located in the Seocho-si Port; (b) on September 4, 2015, around 00:42, at around 180 degrees North latitude 183°24 degrees North latitude 18°24 degrees North latitude 126°00 East longitude 126°23 seconds east 129 minutes east 23 degrees East longitude 190, while sailing to the port of Seopo-si Port (hereinafter “instant accident”); (c) on September 4, 2015, the Defendant vessel was found to have a collision with the Defendant vessel’s player at the port of Seopo-si, which was scheduled to enter the port; and (d) on September 15, 2015.

C. At the time of the instant case, the correction was good in clean weather, and the wave was not more than 0.5 meters, and the location of the instant accident is located in a narrow channel (within a distance of 500 meters in the width of the navigational zone) which exceeds about 500 meters from a narrow channel (within a distance of 500 meters in the width of the navigational zone) and there was no other vessel operating or passing through the surrounding area.

한편, 망인은 당시 구명조끼를 착용하지 아니하고 있었고, 작업등을 끄고, 선미 쪽 등만 켠 상태였고, 피고 E은 좁은 수로를 지날 때 선원법에 따라 선장으로서 선박의 조종을 직접 지휘하여야 하나 이 사건 사고 당시 좁은 수역을 지나면서도 이를 지키지 아니하였고, 피고 F은 어선3급 항해사 면허를 소지하고 있으나 당시 면허를 갱신하지 아니하여 면허가 정지된 상태였다. 라.

Plaintiff

A is the wife of I, and the children of plaintiffs B, C, and D are children.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 7, 8, 11 evidence (including Serial number; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings.

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