The meaning of "risk of marine high oil", which is the reason for the payment of insurance money under the maritime ship insurance, and the burden of proof and degree of proof.

The term "sea unique risks" as referred to in Article 6 (1) of the Institute Time Clauses which forms the contents of the marine vessel insurance contract means all accidents or disasters that occur on the sea, not all the objects of the marine insurance, but only the contingency accidents or disasters that occur on the sea, and the burden of proving that the damage which is incurred on the objects of the marine insurance is caused by such dangers of marine oil, shall be borne by the insured, but the degree of proof shall be proved only when the facts or the temporary installation alleged by the insured is more probable.

Article 693 of the Commercial Act

[Plaintiff, Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jong-soo et al., Counsel for plaintiff-appellant)

Taesung Shipping Co., Ltd. (Attorney Kim Jae-in, Counsel for the defendant-appellant)

Samsung Fire & Marine Insurance Co., Ltd. (Attorney Jin-man et al., Counsel for the plaintiff-appellant)

1. The defendant shall pay to the plaintiff 370,000,000 won with 25% interest per annum from August 21, 1997 to the date of full payment.

2. The costs of lawsuit shall be borne by the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Facts of recognition;

The following facts are not disputed between the parties, or may be acknowledged by the statements of Gap evidence 1, 2-1, 5, 3-14, 4-6, and the testimony of the witness in the second order, and there is no counter-proof.

(1) On July 25, 1996, the insured was destroyed or damaged due to the unique risk on the sea, river, lake, and other sea surface (the time when the ship of this case was changed to Plaintiff Thai Shipping Co., Ltd. on April 1, 1997) between the Defendant and the Plaintiff on July 25, 1996, the insured entered into an insurance contract with the United Kingdom on July 25, 199, with the insurance premium of KRW 370,000 for the ship of this case, the insured amount of the insurance premium of KRW 370,000 for the ship of this case, and the insurance period from July 25, 1996 to KRW 12:00 for the ship of this case from July 25, 1996 to KRW 12:00 for the marine, river, and other sea surface. The Defendant paid the insurance premium of this case to the United Kingdom on July 195, 199.

(2) The instant vessel is 281t in gross tonnage, 750 mast engine, 45.0m size x 8.10m x 3.90m size x 3.90m size x 1961. around May 1961, 6 Korean seafarers, including the building site, Cheongchip auxiliary station in Japan, Cheongchip vessel, the freezing transport vessel, and the captain of the steering vessel.

(3) At around 12:00 on August 19, 1996, the instant vessel was sunken at the sea of approximately 550°13°N N, east 120°39'N (26°13'N, 120°39'E) on the 20th of the same month when the instant vessel went to Busan, starting from a shower of the People's Republic of China (XIMN) and departing from a shower of the People's Republic of China on the 13:00 of the same month.

2. The parties' assertion

A. The plaintiff is the cause of the claim in this case. From around 21:00 on August 19, 1996, the weather of both sides at the time of departure fell short of 11 to 15 meters high from the beginning of the north East-dong, and from the wave of about 3 to 4 meters high, the plaintiff made a yellow river of 7 to 8 knots at the beginning of the hour, and as a result, the plaintiff has an obligation to pay insurance money to the plaintiff for a long time due to a significant increase in the flood pressure (piting, hull is scring, hull is sckeing, hull is sckeing, vessel is sckeing in the right direction), and sckeing, to the effect that the vessel's bottom part at the time of departure was sckeing, and the engine part at the time of departure has been damaged due to an excessive sckefing phenomenon of the engine part, which led to a big increase in flood pressure, and thus, the defendant has an obligation to pay insurance money due to s.

B. As to this, the Defendant asserted to the effect that the weather conditions before the sinking of the instant vessel had been improved to the extent that normal navigation could occur, and that the instant accident occurred due to the inflow of seawater caused by the aging of the ship board of this case. This does not constitute an insured risk for which compensation was made under the said insurance contract, since it was caused by ordinary natural wear and tear by wind and wave action.

3. The cause of the instant accident

A. In full view of the statements in the evidence Nos. 3-7 to 12, 4-1, 3-1, 3-1, 5-2, 5-2, 16-1, and 2-2 of the evidence Nos. 13-3, the following facts can be acknowledged, and the fact inquiry results with respect to the chief of the Korea Fishing Vessel Association and the head of the branch office of the Korea Fishing Vessel Association, and the whole purport of the pleadings, the testimony as to the statements in the evidence Nos. 11, 12, 13-1, and 13-2, 13-2, 16-1, and 2 of the evidence Nos. 13-2, 16-2, 21-2 shall not interfere with the above recognition, and there is no counter-proof otherwise.

(1) 이 사건 선박은 1996. 6. 20. 한국어선협회(Korea Fishing Boat Association；KF)의 제1종 중간검사를 마쳤고, 모든 면에서 감항성이 확보된 상태에서 같은 해 8. 8. 08:00경 냉동 오징어 110t을 선적한 후 부산 남항을 출항하였다.

(2) At around 06:00 of the same month, the vessel of this case arrived at the shower port and completed the freezing of freezing fish at around 02:00 on the 15th of the same month. From around 16:00 of the same month on the 16th of the same month at that place, the vessel of this case commenced the loading of the goods of frozen fish, fish, fish, and illumination, and completed the loading of the frozen cargo at around 15:00 of the same month on the 17th of the same month. After completion of all departure speed, the vessel of this case departed from its place at around 12:0 of the same month.

(3) 위 출항 당시는 기상이 비교적 양호하였으나 같은 날 18:00경부터 기상이 점차 악화되어 21:00경에는 북동풍이 약 10 내지 15㎧로 비교적 강풍이 불었고, 파고는 3 내지 4m로 높아 선수에 부딪치는 파도가 조타실 유리창까지 날아올 정도이어서 선체가 격심하게 진동 및 동요하였으므로 파도의 충격을 완화시키기 위해 평소보다 감속하여 시속 7 내지 8노트로 항해하였다.

(4) At around 04:00 on the following day, the captain shift the navigational watch with the mate. At around 05:30 on the same day, the head of the agency took turns to navigational watch, and the head of the agency took turns to navigational watch. The weather conditions were continued until that time, and the head of the agency took the care that the amount of water taken from the pre-service worker on duty at the time of the engine shift exceeds the normal level, so he/she should frequently discharge the water from the engine room. Accordingly, the head of the agency did not find water level to the extent that he/she would have much known, even though he/she confirmed water level, such as the scoob, venbnbnb pumps pumps, and air condition pumps, while he/she was returning to the engine room.

(5) The head of the agency, at around 06:00 on the same day, lux oil, etc. was transferred to fuel oil tanks, and then injected lux oil, etc. into the freezing room on the engine room, which is located above the engine room, added lub oil to the freezing machine, and adjusted galpans, she fludent vibration at a severe vibration at around 06:30 on the same day.

(6) The head of the agency immediately suspended the head of the agency from her engine room at around 16:35 on the same day without any time to report to the captain by making it necessary to judge that the head of the agency caused a sprink at the entrance of the pumps while driving the engine with heavy water, and that the head of the agency suspended the head of the agency from 16:35 on the same day.

(7) At this time, the location of the instant vessel was 26∑ 13'N and 120∑ 39'N (26∑ 13'N, 120∑ 39'E), which is the point of the instant accident, and the head of the instant vessel found a little place to verify the water leakage level of the sea water after the regular suspension, but the head did not confirm the water leakage level into the land, and the captain, who was aware of the suspension of the instant vessel, was discharged from the engine room, was tryed to find the water leakage level with the engine room, but did not confirm it.

(8) On the same day from 06:40 to 06:50 on the same day, using a cooling pumps, ston valves of the freezing machine (connden Warsawp) pumps, thereby diving off the sea water and discharging sea water out of the line, but the engine room continued flooding to increase the water level by up to 3/4 of the plug.

(9) On the same day, at around 17:30 days, the captain prepared emergency escape together with all seafarers, while leaving the engine room to the engine room, which has been flooded, and the captain instructed the head of the communication department who experienced the danger of sinking to get out of the sinking, and the captain instructed the head of the communication department to get out of distress signals.

(10) At around 08:00 on the same day, the head of the agency and the engineer continued to discharge sea water by continuously using all available means, but the flooded water has increased rapidly, and the head of the agency has suspended the power generation.

(11) At around 08:30 on the same day, even if all pumps that could have been mobilized were operated and drained, the flood volume has increased, and the ship of this case loaded many cargoes as above, and the ship of this case continuously flooded, the captain ordered the crew to get off the ship, and the captain issued an order to get off the ship to get off the ship in the order of the deckr, engineer, head of agency, and captain.

(12) 선원들이 이 사건 선박에서 이탈할 당시 기상 상태는 다소 나아져 파고가 2 내지 3m 정도였고, 풍속은 10 내지 13㎧ 정도이었다.

(13) While the life raft was cut away from about 50 meters from the vessel of this case and was moored, the life raft was parked in the ground, but it was not possible to find out the life raft in the other vessel. Thus, the crew approach the life raft to the rescue vessel confirming the life raft after launchinging three signal bullets, and saved all seafarers in distress at the time and at the end of difficult work.

(14) At around 09:00 on the same day, the stern part of the instant vessel was already sunken so as to be locked on the water, and the salvage vessel continues to remain without leaving the site while considering the sinking condition of the instant vessel, and at around 13:00 on the same day, it confirmed that the instant vessel was completely sunken and started at the site.

(15) On July 18, 196:00 of the same year, seven seafarers loaded and depart from the port of Busan, where seven seafarers were loaded and unloaded at the port of the same month on July 18, 196, and the ship arrived at the port of Busan at around 17:00 of the same month, and the ship arrived at the port of Busan at around 17:00 of the same month on the 26th 13:00 of the same month and entered the port of the same month on the 30th 17:00 of the same month.

B. The governing law of the vessel of this case is a custom of English law, and the vessel's unique risk as referred to in Article 6 (1) of the above laminsss is not all accidents or disasters that occur on the sea, but it does not constitute an accident or disaster that occurs only on the sea, for example, damage by ordinary wind or wave, and natural wear and tear of the vessel was incurred on the day before the departure of the vessel of this case, even if the plaintiff was assumed by the insured, but the degree of proof is more probable than that of the vessel's accident on the day before the departure of the vessel of this case, because the vessel of this case was no longer likely than that of the vessel of this case.

4. Conclusion

Thus, the defendant is obligated to pay to the plaintiff 370,000,000 won as well as damages for delay at the rate of 25 percent per annum from August 21, 1997 to the full payment day, which is obviously the next day after a copy of the complaint of this case was delivered to the defendant according to the above insurance contract. Thus, the plaintiff's claim of this case is accepted for reasons.

Judges Kim Yong-hwan (Presiding Judge)