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(영문) 부산지방법원 2015.07.16 2014나7619
임금
Text

1.(a)

The judgment of the first instance shall be amended as follows:

(b) 1 Defendant E shall be the Appointor A in KRW 8,933,549, and the Appointor;

Reasons

1. Determination as to the plaintiff's claim against defendant E

A. Facts of recognition 1) Defendant E is a vessel listed in the separate sheet (hereinafter “instant vessel”).

A) The Plaintiff, the husband of Defendant F, employed the designated person A as the head of the instant vessel, the designated person B, the kitchen B, and the Plaintiff D as deck for the operation of the instant vessel, and the Plaintiff and the designated person on August 16, 201, on board the instant vessel and were in a fireworks, etc. until December 21, 201 (hereinafter “instant operation”).

1. The owner of the vessel confirms that the vessel employs the above seafarer and shall pay the sum in accordance with the universal rate set by the captain in accordance with the provisions of collective negotiations after boarding (the wire network at the expiration of the contract).

2. Where a seafarer leaves a ship halfway due to any cause attributable to him/her while on board, the joint venture shall not be paid but shall be paid only the amount determined by the collective agreement;

3. He agrees to return the full amount of the advance payment to the shipowner in a case where he leaves the ship even before the expiration of the contract period due to causes attributable to the seafarers.

4. The owner of an excursion ship shall bear all the expenses to be incurred if a seafarer leaves the ship due to a violation of a contract when the seafarer enters into an agreement on the advance payment and the expenses for the maintenance of livelihood and leaves the ship;

2) Defendant E entered into a universal agreement between the captain and seafarers on board the instant vessel, which allocates 50% of the operating earnings derived from deducting common expenses from the amount of fishing, in addition to the pre-paid and monthly fixed pay, according to the percentage determined by the captain. The contents of the seafarer boarding agreement relating thereto are as follows. Defendant E settled accounts of the total sales of KRW 472,063,00 with the captain G on January 7, 2012, total sales of KRW 472,063,00,000, total expenses of KRW 211,054,000, total expenses of KRW 130,500,000, and KRW 130,500,000, total expenses of the instant vessel between the captain G and the captain.

[Ground of recognition] Facts without dispute, Gap 1, Eul 2, 12, and 19 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. Summary of the Plaintiff’s assertion 1.

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