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(영문) 서울중앙지방법원 2018.11.02 2016가합555271
손해배상(기)
Text

1. The Defendant’s KRW 155,055,448 as well as 5% per annum from August 20, 2015 to November 2, 2018 as to the Plaintiff.

Reasons

1. Basic facts

A. On September 16, 2014, the Plaintiff obtained permission for a large-scale political net fishery from the credit market and obtained a permit for a large-scale political net fishery from the credit market on September 16, 2014, and obtained approximately approximately 34°25°25°37°42°37°TW [2 rectangular square (40m x 150m x 450m x 4.5m x 4.5m) for the fishing ground of the political network (a large-scale political net fishery permit D; hereinafter referred to as “instant fishing ground”).

The fishing ground of this case is set up at the sea and, under the below, has a structure that supports the shape of a political network fixed by anchor, etc. in order to allow the entire fishing gear from the private fishing ground to leave the water in the water surface, and the dog is directly connected to the dog, and the water is connected to the fishing ground below approximately 30cm from the girs, and the water is connected to the fishing ground. And this water is composed of a balp, sports ground, open-line, and back-line. 2) E, a fishing vessel engaged in large trawls (hereinafter referred to as the “instant vessel”) owned by the Defendant, is equipped with a 138 tons gross tonnage, 34.94m in length, 6.8m in width, 3.15m in depth, with automatic operation equipment such as self-comer, 2 rasp, fishing vessel location engine (VPA-SPP).

On April 22, 2014, the instant vessel: (a) obtained permission from the head of Busan Metropolitan City on offshore trawls fishery; and (b) carried out a type of operation in which the instant vessel, for approximately one week, captures fish, etc. were captured and returned to the port at a point in the Yellow Sea or Jeju-do as its place of operation with the permission for offshore trawls fishery in Busan Metropolitan City.

B. On August 11, 2015, the instant vessel, including the occurrence of the instant accident, departs from a port where 14 persons, including the captain and the first mate F, are on board at around 07:00 on August 11, 2015, and went into the sea area northwest-gun, Seoul-gun, the operation site at around 07:00 on the 12th day of the same month, and went into the sea area near the 19th day of the same month, while serving at around 07:00 of the same month.

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