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(영문) 전주지방법원 2017.12.07 2017나578
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. The plaintiff's lawsuit against the defendants is dismissed.

3...

Reasons

1. Basic facts

A. On September 19, 201, the Plaintiff and Defendants-related Defendant K acquired the ownership of 1/100 shares of E, a fishing vessel for the coastwise (hereinafter “instant vessel”). Defendant D is the captain of the instant vessel, and the Plaintiff was on board the instant vessel on October 25, 2013.

B. (1) On October 25, 2013, the Plaintiff entered the instant vessel as a seafarer on board the vessel. Defendant D, the captain of the instant vessel, did not confirm that the Plaintiff was living in the vicinity of the water, but did not turn on the Plaintiff’s bridge at a safe place. The Plaintiff’s fourth hand was faced with the Plaintiff’s water at the time of the Plaintiff’s work of reducing water. The Plaintiff’s fourth hand, the fourth hand of the instant vessel, when carrying out the work of reducing water, did not take the water back to the device (hereinafter “instant accident”).

(2) On February 13, 2015, Defendant D was sentenced to a fine of KRW 2,00,00 as a crime of injury by occupational negligence, and Defendant D appealed appealed but was dismissed on April 21, 2015 by Incheon District Court 2015No918, the judgment became final and conclusive around that time.

3) From June 20, 2014 to May 6, 2015, the Plaintiff received KRW 34,417,075 in total from NFFC for disability benefits arising from the instant accident. [The purport of the entire pleadings and arguments by the Plaintiff is as follows: (a) there is no dispute over the grounds for recognition; (b) evidence Nos. 1 through 19; and (c) evidence Nos. 1 to 1, 4, and 5.

2. Determination on this safety defense

A. On February 1, 2016, the gist of the defense is that the Plaintiff agreed not only B while preparing a written agreement with B, but also not to file any subsequent lawsuit between the Defendants, and thus, the Plaintiff’s claim against the Defendants is unlawful as there is no benefit of lawsuit.

(b).

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