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(영문) 대전고등법원 2018.05.31 2017누12887
재결취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Occurrence of the marine accident of this case and the progress of adjudication;

A. On December 1, 2014, around 17:00 (on the spot time; hereinafter the same shall apply), a fishing vessel A owned by the Plaintiff (hereinafter referred to as the “instant vessel”) was sunken in the North Pacific Sea area north Pacific zone in Russia, and 60 passengers, including the captain B (one person, 11 in the Republic of Korea, 35 in Indonesia, 13 in the Philippines, 13 in Russia), among seven (3 persons in the Republic of Korea, 3 in the Republic of Korea, 3 in the Republic of Korea, 1 in the Republic of Korea, 1 in the Russia), and the remaining 53 persons were dead or missing.

(hereinafter “instant marine accident”). (b)

On July 19, 2017, the Korean Maritime Safety Tribunal (hereinafter referred to as the “ Tribunal”) made the instant marine accident to operate the instant vessel on July 19, 2017, where “the instant marine accident” had a large amount of sea water flow flown into the sea-water treatment room by unfairly inserting a large amount of sea water in the situation where the instant vessel, which did not have preliminary capacity in the brupted weather deterioration, went into the sea-water treatment room. After the inappropriate shipbuilding and emergency response, the oil pressure control room and the sinking room were flooded, and the sea water flowed through the oil discharge outlet and open air stoper cover, which led to the loss of the vessel’s restoration power and force. However, it is also required that the Plaintiff, the shipowner, neglecting the vessel’s safety control, which caused the Plaintiff’s failure to comply with the captain’s order to take corrective action on board the vessel due to his or her passive response.”

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