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(영문) 광주지방법원 순천지원 2021.01.21 2019가합11907
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) The net H is an owner and master of a composite fishing vessel I (1.98 tons) within a year;

On February 23, 2018, the network H, around 17:02, on the 17:02 at the New Fri-dong New Fri-dong, left the port, but did not find a brue vessel owned by the Defendant at a place less than 650 meters away from the above f50 meters away from the above brue at the above brue of the ship, and shocked I's players as they were.

As a result, the network H died by suffering from the left-hand chest, etc., and the network JJ also, which was inside the ship room, died from cerebral cerebral ties (hereinafter “instant accident”). (b) Plaintiff A is a deceased child of the deceased H, Plaintiff C, and his parents, Plaintiff D, E, and F are siblings.

(c)

The defendant, without permission on May 29, 2018, was issued a summary order of KRW 1 million due to the criminal facts that he/she occupied and used the public waters by anchoring the instant bar line without permission, and the above summary order became final and conclusive.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 8, 9 (including various numbers), and the purport of the whole pleadings

2. The plaintiffs' assertion that the accident of this case occurred due to the negligence of the defendant who anchored the ground of this case without permission on public waters, and the defendant should compensate the plaintiffs for the damage caused by the death of the deceased H.

3. In light of the following circumstances that can be acknowledged by adding up the whole purport of pleadings as a result of each evidence, evidence No. 10, evidence No. 10, evidence No. 10, evidence No. 10, and evidence No. 1, No. 4, and No. 5, and the result of the on-site verification by the court, prior to the above basic facts, the Defendant has a relation between the negligence at anchor and the instant accident without permission on public waters.

It is difficult to see it.

A. The time of the instant accident occurred is about one hour from sunset to February 17:15, 2018.

At the time of the occurrence of the instant accident, the marine weather was somewhat low.

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