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(영문) 부산지방법원 2016.08.25 2015가단39162
채무부존재확인
Text

1. On April 23, 2014, the Plaintiff’s maritime lien on the vessels listed in the separate sheet as a vessel collision incident.

Reasons

1. Basic facts

A. At around 12:10 on April 23, 2014, the captain of the vessel listed in the separate sheet owned by the Plaintiff, who is the captain of the vessel listed in the Plaintiff’s separate sheet, discovered D of the diving fishery vessel owned by the Defendant (hereinafter “the instant fishing vessel”) in the course of operation by operating the said vessel at around 12:10, while at the same time, he was at the same time at the sea near Dolcheon-do, and neglecting the boundaries, and did not know that the instant fishing vessel is flying an international signal apparatus with the meaning “the instant fishing vessel is under diving......, the speed is reduced and not approaching...” The instant vessel goes against the instant fishing vessel while flying the instant vessel.

(hereinafter “instant accident”). (b)

The instant fishing vessel was damaged by 30 cm in length at the port center of the instant vessel due to the instant accident, and sea water was introduced into the engine room.

C. In addition, the diving E of the instant fishing vessel was under 12 meters in depth from the surface of the sea, and when the mountain supply was discontinued due to the instant accident, which is a diving equipment connected to the instant fishing vessel, and the supply of oxygen was discontinued, the said vessel was immediately attempted to escape from the surface of the water and was rescued, and then sent back to the F Hospital emergency room.

Accordingly, the Defendant paid the vessel repair expenses, ② the replacement expenses of diving equipment, ③ the hospital treatment expenses, etc. to E in the instant accident, ④ paid the agreed amount to E, ⑤ incurred operating losses due to the suspension of 11-day operation due to vessel repair and diving color, ⑤ incurred operating losses due to the suspension of operation due to the vessel repair and diving, and the 13-day employment of a specialized diving unit as it was impossible to employ a substitute diving unit, which was less than that of the specialized diving unit, making it impossible to employ a specialized diving unit, etc., and asserted that the Plaintiff was liable to compensate the Defendant for the damages suffered by the Defendant due to the instant accident, and that the Plaintiff was obliged to compensate the Defendant for KRW 53,89,09,09, which was incurred by the Defendant to the Busan District Court H with regard to the said G.

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