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(영문) 창원지방법원통영지원 2014.01.09 2013가합214
채무부존재확인
Text

1. As to the accident described in the attached list, the damage liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B is assessed against the Plaintiff.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is the owner of No. E, a carpet passenger ship (hereinafter “instant ship”).

Defendant B is the owner of Fho Lake, a coastal complex fishing vessel (hereinafter “instant vessel”). Defendant C is the same as Defendant B’s partner. Defendant C is the captain of the instant vessel and Defendant D as Defendant C’s partner.

B. ① The instant vessel: (i) around 15:00 on April 24, 2012, 15:00, the instant vessel was departing from a port passenger terminal located in the west-dong, Dong-gu, Tong-gu, through a smokedodomination; and (ii) the instant vessel was able to run the instant vessel as it was, without any particular measures, to determine that the instant vessel was limited to the extent of suspending navigation; (iii) even though the instant vessel was at the speed of about 15 knots-dong, Do-dong, and was at the speed of about 15 knots-do; and (iv) G was operating the instant vessel as it was without any particular measure to determine that the instant vessel was at the speed of about 15 knots-dong, Do-dong, and was at the speed of Do-dong.

However, as the inside dog is more restricted to 30 to 50 meters since the steering house, G directed the first class mate and the deckr working in the steering house to keep on navigation while keeping on navigation while keeping on navigation several occasions with the rabr and the rabing on the rab between the rabr and the rabr, and the 15:25 on the same day.

3. On the other hand, at around 09:30 on the same day, Defendant C, a captain, and Defendant D, on board the instant vessel; (b) commenced operation after having arrived at the north of Yerodo; and (c) limited the range of visibility to approximately 50 meters due to the inside of the vessel, around 10:00 on the same day.

As such, Defendant C was waiting for a walker and continued the operation of the vessel, around 15:00 on the same day, the vessel of this case was operated at a speed of approximately 12 knots in order to return to a prisoner of war under joint signature at around 15:20 on the same day.

Since then, I will be able to hold the opening.

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