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(영문) 서울동부지방법원 2020.06.19 2019가단144845
구상금
Text

1. The Defendant’s KRW 54,446,305 as well as 5% per annum from January 27, 2017 to June 19, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The parties’ securities number policy holders, owners, and insured insurance coverage period, the insurance coverage period of the instant vessel I C 248,636,000 won from October 23, 2015 to October 22, 2016, FJ 128,318,000 won from June 19, 2016 to HK 208,196,000 won from June 18, 2017 to H H 208,196,000 won from May 4, 2016 to May 31, 2017, the Plaintiff is an insurer that is entrusted with the business of accident compensation insurance for fishers and fishers under the control of the Minister of Oceans and Fisheries. The Plaintiff is an insurer that is entrusted with the business of accident compensation insurance for fishers and fishers under the control of the Minister of Oceans and Fisheries.

(2) The term “F” and “H” vessels owned by the E, respectively, concluded a fishing accident compensation insurance contract with the following terms that guarantees damage incurred due to an accident, such as collision, fire, sinking, etc. of fishing vessels (hereinafter “each of the instant insurance contracts”).

(2) L leased the instant vessel from C, and L was employed by the Defendant as the captain of the instant vessel.

The Defendant operated the instant vessel from June 2016.

B. On August 31, 2016, around 04:36, a fire had occurred in the engine room of the instant vessel, which was mooring at three North Korea ports at Sinpo-si. As a result, the instant vessel was boomed, and the F and H fire, which were at the mooring around the vessel, were destroyed by the said two vessels (hereinafter “instant accident”).

2) On-site investigation, the main engine and auxiliary engine are installed in the engine room of the instant vessel, and the auxiliary engine parts are seriously burned, heated, and the upper right part of the auxiliary engine is relatively depthed. The electric wires emitted from the auxiliary engine and its surrounding area were identified, and the exhaustr was set up in the main engine and its surrounding area, and the electric wires connected to the exhaustr are identified at several places. The causes investigation data (based on statements and CCTV) are followed.

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