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(영문) 창원지방법원통영지원 2016.02.19 2014가단5318
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendants jointly share KRW 4,500,000 to the Plaintiff (Counterclaim Defendant) and the Defendants on January 15, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of E and F’s vessel, a fishing vessel for the port port right, and the Defendant B is the owner of G and H’s vessel, a fishing vessel for the port right, and the Defendant C is the captain of G and the Defendant D as the captain of H, and the Defendant B is the employees of Defendant C and the Defendant D as the captain of H.

B. E (captain K and F (hereinafter “I”) belonging to the port line I of the baseline operated by the Plaintiff was operated by the Plaintiff on January 5, 2014, in order to turn on the back, a masthead light, a pair of sidelights, a stern light, a stern light, and a sound and white light, a fishing light, etc., in front of the sea-going at around 0.3 miles on January 5, 2014.

C. At the same time, at the port of a public bath map, at 20-day a fishing boat of the port of a public bath, the fishing boat of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the day was 06:04 hours of the spring of the day, and at 07:06 hours of the citizen’s name, the debris was attached to the seabed, and at approximately 1.5m to 2m, the wind was 13m

E was able to turn on the work, etc. located in the stern and did not inform G or H of this fact separately from G or H, which followed, and G et al. was sailing close to about about 50 meters after E, and it was caused by an accident where E’s water was cut off to G’s professional propeller (hereinafter “instant accident”). As a result, the Plaintiff suffered damage where the maternity network, which is the end part of the water, was damaged by approximately 40 meters, was damaged by a frighter of G and damaged by a frighter of G.

【Fact- without dispute over the basis of recognition, Gap evidence Nos. 1 to 3, 5, Eul evidence Nos. 1, 4, 5, and 10, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition 1, Defendant C and Defendant D’s captain of G and Defendant D are H’s.

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