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(영문) 대법원 2015.01.29 2013추104
시정권고재결취소등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The occurrence of the instant marine accident and the following facts of the ruling may not be disputed between the parties, or may be acknowledged based on the overall purport of the pleadings in each of the evidence Nos. 4 and No. 1, 3, and 4.

On June 3, 201, the Plaintiff entered into the instant vessel lease agreement with the Plaintiff on June 3, 201, which set the lease term of 1,324 tons-free barge owned by the Plaintiff (hereinafter “instant vessel”) as the lease term of 12 months for the lease term between the Plaintiff and the Plaintiff’s ship dismantling company (hereinafter “owon vessel”).

B. The instant vessel was departing from the Incheon port on June 14, 201, and arrived at the construction site of the Section 1 Section of the Jeju Naval Base at around 16:00 on June 20, 201, but was not immediately put into the construction due to the demonstration of residents related to the construction, and was waiting to enter the port of the Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 15:00 on June 22, 2011

C. The instant vessel: (a) was waiting at the bottom of the breakwater to fasten the ropes for anchoring at the bottom of the breakwater; (b) was under the influence of the typhoon No. 9, adjacent to the Korean Peninsula around August 6, 201, adjacent to the north, she was under the influence of the typhoon No. 9, adjacent to the Korean Peninsula on August 6, 201; (c) caused damage by the bottom of the vessel, breaking the bottom of the vessel due to the collisioning the hull into the coast; (d) was under the influence of the fleet No. 9, adjacent to the port of the Korean Peninsula on August 6, 2011; and (e) was under the influence of the fleet No. 107:0 on August 7, 2011, and caused damage, she was under the bottom of the port of the coast, and was under the influence of the fleet No. 288 degrees 1, 150 meters east 14, 150 degrees east 107 160 minutes east 106.

(hereinafter “instant marine accident”). D.

On July 19, 2013, the Korean Maritime Safety Tribunal stated that the vessel lessee's vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel vessel.

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