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(영문) 서울서부지방법원 2019.01.24 2017가합40092
채무부존재확인
Text

1. Regarding the accidents listed in the separate sheet,

A. Compensation for the Defendants, the Plaintiff Company B’s compensation is paid.

Reasons

1. Basic facts

A. Plaintiff AELD (hereinafter “Plaintiff A”) is the owner of the vessel F (hereinafter “the instant vessel”) and entered into a seafarer labor contract with the deceased G (hereinafter “the deceased”), and the Plaintiff Company B (hereinafter “Plaintiff B”) entered into the said seafarer labor contract on behalf of the Plaintiff, and Defendant C is the deceased’s wife, Defendant D, and E are the deceased’s children.

B. On October 17, 2015, the Deceased (for the purpose of applying for a license for the issuance of an ocean-going seafarer’s pocket book), was determined as “aboard” and was on board the instant vessel on December 8, 2015, and served as the captain.

On December 20, 2008, the Deceased commenced boarding L, a ship owned by the Plaintiff, as “1st class mate” and worked as the first class mate or captain for a total of 2,003 days of boarding until he/she goes on board the instant ship.

The instant vessel was loaded petroleum products, such as diesel and rush, at the time of operating the instant vessel as a kind of petroleum product transport vessel, which is a kind of tank livers.

Of the seafarers who worked on the instant vessel at the time, Korea was the deceased, the remainder was from Mada, Mada, Indonesia, China, and Myanmar, and the kitchen was a Chinese person.

C. Since then, the Deceased left the instant vessel on September 22, 2016, which was at the latest two months (from December 8, 2015 to July 7, 2016) more than the initial boarding contract period of seven months (from July 8, 2015). On September 22, 2016, Daejeon HH’s department was visited on September 24, 201 as the health condition was not good. After that month, the Deceased was diagnosed as Masan and an empty blood during the hospital transferred to Daejeon I Hospital on October 26, 2016, and was finally diagnosed at the J Hospital on October 10, 2016.

The deceased shall live in his/her place of residence for the convenience of treatment from November 2, 2016 to June 7, 2017.

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