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(영문) 수원지방법원 2016.12.08 2014가단41243
사해행위취소
Text

1. On December 27, 2013, the real estate indicated in the separate sheet between the Defendant’s Intervenor and the Defendant was concluded.

Reasons

1. Basic facts

A. At around 10:33 on August 17, 2013, the Defendant’s Intervenor (hereinafter “ Intervenor”) who is the captain of the 9.16 tons charter fishing boat E (hereinafter “Defendant’s Intervenor”) continued to engage in leisure activities, such as fishing, at a speed of about 10.5 knots and about 270 degrees (the direction of the mountain fungdo chill), in order to allow 16 fishing passengers to board the above E and shift the fishing point to a point of view. From the same point of view, H, the captain of the 2.18 tons leisure G, a captain of the 2.18 tons leisure boat G, was at the same time, at the vicinity of the above G, engaged in leisure activities, such as fishing, stopping ten fishing passengers on board the engine engine engine.

At the same time, 13 passengers (around 850 g) are located in the stern, and players have not been secured from the front door due to their weight. In such a case, the Intervenor, who is responsible for the safe navigation of a ship, has a duty of care to prevent collision with adjacent vessels by checking from time to time whether there is an obstacle on the front side of the sea route by checking whether there is an obstacle, such as searching for the front door on the land, and conducting systematic observations on the long-ranged, detected objects, etc. in order to grasp in advance the risk of collision with other vessels.

Nevertheless, the Intervenor did not take such measures as above and neglected the duty to darbly watch the darator as well as neglecting the duty to darbly watch the darbly, and the part of the said G’s player with the negligence of proceeding the above E, which led to the collision of the central part of the said G.

(hereinafter “instant accident.” Ultimately, the intervenor’s number of days of treatment to L (52 years old) is as follows: (a) the intervenor transferred the above G with nine persons, including the above occupational negligence, passenger I (n, 48 years old), and at the same time transferred the said G to I (n, 48 years old) who was on board the said G; (b) slurine, etc. which requires approximately three weeks of medical treatment; (c) cerebrum, etc. which requires approximately two weeks of medical treatment to J (53 years old); and (d) the slurry and back-up wall in the number of days of medical treatment to K (n, 45 years old).

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