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(영문) 서울중앙지방법원 2017.03.16 2016가단5094484
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts and relevant statutes;

A. The Plaintiff is the owner of C (hereinafter “instant vessel”) who is engaged in maritime transportation business, etc., and the Defendant concluded a labor contract with the Plaintiff on a fixed-term basis ( October 4, 2010) and worked as the captain of the instant vessel.

B. Around September 15, 2010 during the contract period, while the instant vessel was operating on the sea away from Ma50 Madbrob MAE, the Defendant, while educating the method of using the robeb Madrob Madrob Madrob Madrob Madropi, caused an accident where the instant vessel, as a result, had launched the above Madrob Madrob Madrob Madro, and caused the Defendant

C. The Defendant suffered injuries, such as two traumas, cerebrovascularssis, left-hand internals, and pelvisa, due to the instant accident, and was hospitalized in the hospital, etc. in Seoul Sung Hospital, etc., by April 17, 2015, and was hospitalized in the hospital, etc. at any time, and the treatment was not completed until now. The Plaintiff paid the total amount of KRW 200 million to the hospital, etc. for the treatment expenses.

Meanwhile, until March 30, 2014, the Plaintiff operated the instant vessel through D Co., Ltd. (hereinafter “D”) as a ship manager under the Seafarers’ Act, and directly operated the instant vessel from April 1, 2014.

[Ground of recognition] Gap evidence Nos. 1 through 4 (Provided, That part which is not trusted after Gap evidence No. 2), Eul evidence Nos. 2 and 9, the purport of the whole pleadings

E. Article 85 of the Seafarers Act (amended by Act No. 11024, Aug. 4, 201) (1) (1) Where a seafarer suffers from an occupational injury or disease, a shipowner is required to provide a shipowner with medical treatment at his/her expense or to reimburse expenses incurred in medical treatment until the injury or disease is cured.

The scope of medical treatment under Article 86 (Scope of Medical Treatment) 85 shall be as follows:

1. Diagnosis;

2. Provision of medicine, medical supplies, artificial limbs, and prosthetic equipment;

3. Medical operations and other treatments;

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