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(영문) 부산지방법원 2017.06.30 2014가단42697
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,754,088 to the Plaintiff (Counterclaim Defendant) and its amount from June 4, 2014 to June 30, 2017.

Reasons

1. Facts of recognition;

A. The status of the party is that the Plaintiff is a barge C [a ship with a height of about 65 meters, in which he/she can stuff the steel file on the seabed by a emphasizing gross tonnage of 769 tons; hereinafter “C”) and is the owner of the barge [a ship with a height of about 65 meters, in which he/she can anchor on the seabed (hereinafter “C”)] (the Plaintiff’s assertion that the Plaintiff is the Plaintiff’s ownership is not clearly disputed by the Defendant, and thus, the Plaintiff is deemed to have led to confession (the Defendant’s statement recognizing the Plaintiff’s ownership can be deemed as a statement on the facts constituting the content of the ownership, which is a premise

(See Supreme Court Decision 87Meu749 delivered on May 9, 1989). The defendant is the owner of a barge D [the gross tonnage of 414 tons, which is equipped with a light board (7.5 meters in length, approximately 4.0 meters in width) that enables the cargo to be loaded to the players, and the equipment to be loaded to the players, and the owner of a sea-transporting ship (hereinafter “D”).

B. On February 7, 2014, at around 10:30, a collision between C’s right side and D’s port side, which was anchored at the Cheongnam-do and Dong-dong (hereinafter “instant mooring site”), a barge collective mooring of the barge located over the Cheongnam-do and Young-dong-dong, Busan (hereinafter “instant accident”).

C. The developments leading up to the occurrence of the instant accident and the result thereof 1) E, the captain of the instant vessel C (the captain status of the subordinate vessel), was supported by the tugboat for inspection and maintenance of various equipment, such as navigation and other equipment, prior to departure from the port of Chungcheongnam-do, which is the planned site for work. On January 26, 2014, at around 11:00, the fleet moved to the mooring area of the instant case and instructed the players to walk up with the inner wall. D’s fleet, the fleet, after completing work at the mooring port on January 31, 2014 with the tugboat’s assistance, instructed the players to move to the mooring area of the instant case at around 14:00 on the same day.

B. E at the time.

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