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(영문) 제주지방법원 2019.12.12 2017가합12895
손해배상(기)
Text

1. The Defendant’s KRW 166,554,561 among the Plaintiff and KRW 72,054,561 among the Plaintiff, shall be KRW 94,50,000 from October 27, 2017.

Reasons

1. Facts of recognition;

A. The relationship between the parties, etc. 1) D was changed to F on December 27, 2016 the name of the vessel E (F on December 27, 2016).

A) The Plaintiff is the captain of the above fishing vessel, and the Plaintiff is the employer of D. 2) The Defendant is the owner of the 1/2 share of Sungsan Ship G in Seopo-si, Seopo-si, Seopo-si.

B. On February 25, 2016, at around 07:30 on February 25, 2016, the Defendant departed from the port of the Ulsan-dong defense team with eight crew members on board the vessel for operation.

For the same year

3. 1. At around 09:00, the Defendant set up an automatic steering gear at a navigation course of 180 to move from the south East Eastern Sea to the navigation area, and all of the steering units within the steering area of about 5 knots was assigned while the Defendant operated at a speed of approximately 5 knots.

In such cases, since there are many fishing vessels and traffic lanes, the defendant who is responsible for the safe operation of a vessel has a duty of care to safely navigate the vessel so that it can grasp the surrounding situation and the risk of collision with other vessels in advance, and to safely operate the vessel so that the accident does not occur, such as delayed or stop at a speed.

Nevertheless, due to the negligence attributable to the Defendant’s navigation by sea without having to place a field-to-face number and at the speed of speed, at 10:30 on the same day, the Defendant turned off the e-on of the actual center part of the E, on which the Defendant suspended the engine due to the fish network from the screen 65 nautical miles (32.38 minutes North latitude, 127.40 minutes East longitude) in the front line of the sea side of the 10:30 on the same day.

Ultimately, in order to remove a tension with the screen, the Defendant caused the death of H by the qualityation, etc. by connecting the air supply system to the above fishing vessel and letting the crew, who carried out diving operations, cut off the above air supply system.

2 D. D. D.

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