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(영문) 광주지방법원목포지원 2019.11.27 2018가단6004
손해배상(기)
Text

1. The Defendant’s KRW 22,859,307 with respect to the Plaintiff and KRW 5% per annum from September 3, 2018 to November 27, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff owns name D and fishing vessel number E (hereinafter “the instant fishing vessel”) in the root year and the Plaintiff is engaged in fisheries along with his spouse B, and the Defendant is the owner of name F and fishing vessel number G (hereinafter “F vessel”).

B. F On September 3, 2018, around 20:17, the vessel collisioned the aft of the instant fishing vessel, which was anchored at H in front of the Haanan-gun, Jeonnam-gun.

(hereinafter referred to as “instant accident”). C.

During the Plaintiff’s boarding of the instant fishing vessel, the Plaintiff incurred KRW 264,307 of the medical expenses incurred due to the instant accident, and paid KRW 2.8 million at the cost of re-purchase due to the destruction, such as GPS PPPPPP, concurrent office, and search for the instant fishing vessel.

I The representative J received a request from the Plaintiff for repair of the instant vessel from September 5, 2018 to September 14, 2018, and then claimed KRW 17,695,000 as the repair cost, and received respectively from the Plaintiff as payment of KRW 3,695,00 on May 9, 2019 and September 10, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 to Gap evidence 12-12, and the result of each fact-finding with respect to the International Company J and K&A, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the above liability for damages, the defendant is liable to compensate the damage suffered by the plaintiff due to the accident in this case by the owner of F ship.

B. A decision on the Defendant’s assertion on limitation of liability (1) as to the Defendant’s assertion that the Defendant’s spouse was at night while the Plaintiff’s spouse was under the influence of alcohol and the instant accident occurred by anchoringing the instant fishing vessel on the sea route. As such, such negligence on the Plaintiff’s side should be considered at least 50% from the Defendant’

(2) It is insufficient to deem that the instant fishing vessel was anchored on a sea route without turning on the anchorage, etc. at the time of the instant accident by itself with the descriptions of the evidence Nos. 1 through 5, and there is no other evidence to prove otherwise.

On a different premise, the defendant is the first defendant.

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