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(영문) 대법원 2019.08.29 2015다220627
사정재판에 대한 이의
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

With respect to the instant fire that occurred from active fishing truck loaded on the Defendant’s ship, the lower court approved the instant judgment to the effect that there is no limited claim against the Plaintiffs who reported the damage compensation claim, etc. for the cargo that was destroyed by fire in the limitation of liability procedure of this case on the ground that the Defendant, a carrier, is not liable for damages for the cargo caused by fire pursuant to Article 795(2) of the Commercial Act, on the ground that there is no limited claim against the Plaintiffs who reported the damage compensation claim, etc. for the cargo that was destroyed by fire in the limitation of liability procedure of this case, on the ground that the occurrence or expansion of fire, such as loading of the instant truck, extinguishing of fire,

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the carrier’s immunity under Article 795(2) of the Commercial Act, or by failing to exhaust all necessary deliberations beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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