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(영문) 대전고등법원 2019.07.18 2019누10441
재결취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Occurrence of marine accidents and details of adjudication;

A. A marine accident 1) The Plaintiff is the Plaintiff’s 13 gross tonnage or 13 tons of other passenger ships (going ships)D (hereinafter “D”).

(1) The master and the defendant assistant intervenor (hereinafter referred to as the “participating”)

(C) 13 gross tonnage of 13 tons and other passenger ships (c) C (hereinafter referred to as “C”).

2) On June 7, 2017, the intervenor, who was operating C around 11:00, had not properly controlled the sacriffic power of the master of the Busan Main Customs Office (hereinafter referred to as “the master”) and had not properly controlled the sacriffic power, resulting in conflict between D’s siffic part of the vessel’s port side gate and the siffic part of D, which had already been mooring to the siffic part of the vessel.

(1) On June 8, 2017, the Intervenor (hereinafter “the first collision”) went through and sailed from the above floating bridge at around 11:24 on the same day, and approach the floating bridge again to the floating bridge, but the mooring space did not exist, and used the main engine in order to make a space on the starboard side of D, where the mooring space did not exist, pushed off D’s on the port side side of D’s port side, and the two vessels conflict in the process (hereinafter “second collision”) on the same day. At around 04:50 on June 8, 2017, the Plaintiff confirmed that D was flooded by the captain of E, who was mooring at the floating bridge, and that the vessel was sunken at around 25:0 on the same day, and that the vessel was sunken by flooded to the extent that it was flooded to the nearest engine of D’s port side (hereinafter “the second collision”). However, at around 05:03 on the same day, it was confirmed that D was flooded to the extent of flooded to the same day.

(4) 4) After lifting D through a marine server, the cause of inundation was investigated. The fluor of the vessel was damaged by the Maternal Maternal Madle of the vessel, and 100 meters wide x 10 meters long m high on the stern wall connected to the damaged Madle.

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