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1. All appeals filed by the plaintiffs and defendant D are dismissed.
2. The appeal cost incurred between the plaintiffs and the defendant E.
Reasons
1. Facts of recognition;
A. Defendant D is the owner of F(7.93 tons), which is a coastal sea-line fishing vessel of the shipment of the ship at Boan-si, and Defendant E is the captain of F and was engaged in the fishery by using the said ship.
B. G is the owner of I(1.21 ton) who is the coastal sea-net fishing vessel of H H in the Pacific-gun, Chungcheongnam-gun, and the Plaintiff A is the wife of G, the Plaintiff B, and C. G children.
C. Defendant E, at around 03:50 on September 19, 2015, operated F and operated the sea of 0.8ma on the J-dong, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Jan-do, and operated the sea of 0.8ma from J-do to H-do, and did not discover I while operating the above sea, and instead received I’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U’s U.S.
G, at the time of the foregoing accident, was crashed into the sea at the time of the accident, but Defendant E continued to operate F without taking relief measures and left the scene of the accident, and G was found on September 23, 2015, which was the fourth day of the disappearance.
E. On November 26, 2015, Defendant E was indicted by the Daejeon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the crime of destroying a ship through occupational negligence, and was sentenced to two years and six months of imprisonment on March 17, 2016, and was sentenced to imprisonment on March 17, 2016. The judgment of the first instance was reversed and sentenced to four years of imprisonment on the ground that the first instance sentence under Article 2016No113 of the Daejeon High Court, the appellate court, was too uneasible, and the first instance sentence was sentenced to imprisonment. Although the appeal was filed by Supreme Court Decision 2016Do12690, Oct. 27, 2016, the judgment of dismissal of the final appeal became final and conclusive as is.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (if there are additional numbers, including each number; hereinafter the same shall apply), Eul evidence No. 1, Eul witness K's testimony and the purport of the whole pleadings
2. Determination
A. Defendant E’s occurrence of the liability for damages caused by Defendant E’s stroke operation of F by his stroke and go back as it is, thereby falling G into the sea and resulting in fall into G at any rescue measures.