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(영문) 서울중앙지방법원 2014.01.16 2012가단322209
손해배상
Text

1. The Defendant’s KRW 53,049,247 as well as 5% per annum from February 16, 2011 to August 2, 2013 to the Plaintiff.

Reasons

1. Indication of claim;

A. The plaintiff is the owner of B, and the defendant is the shipowner operating the panty LEAD No. B conflicting with B.

B. (i) On December 4, 2010, B entered the port of complete navigation and went back to the port of complete navigation in the south-do, with the completion of the liquidation in the south-do, and completed the fishing on the south-do, and returned to the port of complete navigation around 05:00 on December 5, 2010.

B on December 5, 2010, around 05:57, 2010, B and pande conflicted between the following negligence at the sea of approximately 188 degrees from the west-do liquidation plane, approximately 6.2 miles, 33°53°04 degrees north latitude, 126°54 degrees east longitude, and 126°54 degrees 00 degrees east longitude:

(hereinafter “the instant accident”). At the time of the instant accident, the number of the panty players and the panty players’ defense of B, the 350 degrees of the players’ defense, and the 260 degrees of the players’ defense, conflict with 90 degrees of panty pande.

B and pande pande are due to the negligence of collision, such as failure to discover the risk of collision and failing to take appropriate action to avoid collision, by neglecting the boundary of the two vessels approaching each other on the port side of the spande line B, which are approaching the course of the two vessels of the spande line, and are approaching the port side of the spande line, which are concentrating on the spande line, and are approaching the two vessels of the spane line.

The panty pande, a maintenance line, judged that there is no risk of collision due to the beginning of B on the port side of the foreline of the vessel, and that there is negligence, such as failure to find B immediately before the collision and to take sufficient cooperative action to avoid the collision, by neglecting the boundaries.

C. (i) The scope of compensation for damage sustained by B due to the instant accident = (37,00,000 won for the hull repair of the parts damaged B around December 6, 2010 to February 25, 201) + KRW 73,642,816 ( KRW 28,324,160 per month x 2.6 months) of the non-dynamic loss of B during the foregoing period + the expenses spent during the foregoing period + KRW 7,244,40 (limited to B pande’s liability, boundary failure, safety speed failure, and collision).

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