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(영문) 대전지방법원서산지원 2015.02.13 2013가합1982
사정재판에 대한 이의의 소
Text

1. With respect to the case of Seosan Branch of Daejeon District Court No. 2008 Book 1, the above court is among the judgments under circumstances rendered on January 16, 2013.

Reasons

1. Basic facts

A. The occurrence of the instant oil pollution incident ① Around 07:06 on December 7, 2007, at the 6th coast of the Southwestwest-gun, Chungcheongnam-gun, Chungcheongnam-do, and the 6th coast of the Southwestwest-do, was towed by two tugboats, and the oil tanker “HEBEI SPRIT” (hereinafter “instant oil tanker”) of the Hong Kong shipment 146,848 tons of the Samsung Heavy, at the berth Samsung Samsung 1,828, at the anchor of the Samsung Heavy Industries (hereinafter “the instant oil tanker”). In collision with the oil tanker “HEBEI SPRIT”) of the instant oil tanker, the oil tanker was sold to three cargo tanks, including 1,3,5,00 tons of crude oil, 10,90 tons of crude oil, 12,547, which was loaded in the instant oil tanker, was leaked at sea.

(2) On December 10, 2007, the accident occurred, 15 hours after the occurrence of the accident, the outflow oil was pushed down to the coast of the Yananan-gun, Yan-gun, Yan-gun, Yan-gun, the southwest-gun, the coast of the accident. On December 10, 2007, the fourth day after the accident occurred, the outflow oil was spreaded over about 50km from the west-gun, Yan-gun, Yan-gun to the southwest-gun, the length of the affected coast was about 70km.

③ Since December 10, 2007, the outflow oil came into the coast of Chungcheongnamcheon-gun on December 15, 2007, with the effect of tidal wave, repeated inflow and outflow into the coast and the outer sea due to the impact of tidal currents, and the impact of the wind of Northwest-gun on December 15, 2007, the nineth day after the accident occurred.

B. In accordance with Article 6 of the former Guarantee of Oil Pollution Damage Compensation (wholly amended by Act No. 9740, May 27, 2009; hereinafter the same shall apply), Article 9 of the former Act on the Procedure for Limiting the Liability of the Owners, etc. (amended by Act No. 9833, Dec. 29, 2009; hereinafter the same), the Defendant Hube, the owner of the oil tanker of the instant case, filed an application for the commencement of the limitation of liability procedures with the Daejeon District Court Branch of Seosan Branch of the Daejeon District Court on January 15, 2008 as 2008.

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