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(영문) 광주지방법원순천지원 2017.11.09 2016가합10217
손해배상(기)
Text

1. 피고는 원고 두쿰 마리타임 트랜스포테이션 컴퍼니 에스에이에게 미화 23,010.29달러, 원고...

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap evidence 2, 9, Eul evidence 1, 2, and 3 (including branch numbers if not separately specified; hereinafter the same shall apply);

(ii) evidence Nos. 4-1, Eul evidence No. 12-1, Eul evidence No. 12-1, A's testimony, the purport of the whole pleadings)

가. 당사자들의 지위 (1) 원고 두쿰 마리타임은 유조선 B(이하 ‘원고 선박’이라 한다)을 소유한 파나마 법인이고, 원고 리와 마리타임은 원고 두쿰 마리타임으로부터 원고 선박을 정기용선한 파나마 법인이며, 원고 미쓰이 스미토모, 토키오 마린, 솜포 재팬은 원고 선박에 관한 선체보험계약을 인수한 보험자들이다.

(2) The Defendant is a Hong Kong corporation that owns cargo ships C (hereinafter “Defendant ships”).

B. On November 17, 2012, around 10:01 (Korean standard time) the collision occurs between the part of the Plaintiff’s vessel, which was scheduled to leave the port of lightyang oil and the part of the Defendant’s port of light (hereinafter “instant collision”). At the time, at the time of the collision, the Plaintiff’s vessel, who was scheduled to sail from the port of opticalyang oil to the port of U.S., U. S. P. P. P. P. 1, at the port of 10:01, the part of the Plaintiff’s vessel, which was scheduled to depart from the port of opticalyang oil and the part of the Defendant’s port of opticalyang oil, which was scheduled to enter the port of opticalyang, was directed by the 1st Pilotage, the 1st Pilotage, and the 1st Pilotage, the Defendant vessel was directed by the 1st Pilotage, and Defendant A. 1st Pilotage.

C. (1) After the collision accident of this case, the Plaintiff’s vessel was temporarily repaired at a leisure port from November 17, 2012 to November 22, 2012. From December 1, 2012 to December 13, 2012, the Plaintiff’s vessel was permanently repaired at a shipbuilding yard of Singapore.

(2) From November 17, 2012 to November 20, 2012, the Defendant vessel engaged in a temporary repair at a luminous port. From November 22, 2012 to December 4, 2012, the Defendant vessel inflicted injury on China.

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