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(영문) 인천지방법원 2017.10.25 2016가단237065
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Diplomatic East East LLC (hereinafter “Defendant Daehan”) is a maritime passenger transport service provider operating passenger ship No. 1 to the Chinese ports at Pyeongtaek Port, and the Defendant Korea Shipping Association is an insurer who entered into a liability insurance contract with the Defendant limited liability company.

B. G around 17:30 on December 21, 2014, G was on board the Grandhead of Ireland, which departing from the Pyeongtaek Port.

G around 20:33 of the same day, the form that moves in the guest room of 312 of the 3rd floor was laid down in the CCTV on the ship, but the subsequent movement cannot be known.

C. At around 10:00 on December 22, 2014, G was not discovered when entering China’s port for hazard (Korean hours) and inspecting the number of persons leaving the port. On December 25, 2014, G was discovered after having died in the vicinity of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and its bathing beach on December 25, 2014.

The cause of death was revealed as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence 7, Eul evidence 1-4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs are successors as siblings or siblings of G. The plaintiffs.

If the Defendants do not prove that they did not neglect due care in connection with the carriage in accordance with Articles 826 and 148 of the Commercial Act, they shall jointly compensate the Plaintiffs, who are successors, for the damages incurred by G due to their death, according to their respective inheritance shares.

B. Since Defendant limited liability corporation did not neglect to pay attention to transport, the Defendants are not liable for compensating the Plaintiffs for damages.

3. Article 148 of the Commercial Act regarding the liability of compensation of passengers for the carriage of passengers can not be exempted unless it proves that the carriage of passengers was caused by the matters belonging to the scope of the carrier's duty of care concerning the carriage of passengers or its employees, and that the damage was caused by the matters belonging to the scope of the carrier's duty of care concerning the carriage of passengers or its employees.

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