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(영문) 춘천지방법원 강릉지원 2018.11.21 2018가단2055
손해배상(기)
Text

1. The Defendant’s KRW 1,889,182 as well as the Plaintiff’s KRW 5% per annum from May 5, 2018 to November 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C (FRP, hull material: FRP, port of shipment: Y D, registration number E, hereinafter “Plaintiff’s vessel”) who is a coastal fishing vessel, and the Defendant is the owner of F (FRP: 6.54 tons in tonnage, vessel material: FRP, port of shipment: FRP, Gangwonyang-gun G, and hereinafter “Defendant’s vessel”) and the captain at the time of the accident.

B. At around 06:50 on May 13, 2017, the Defendant, on board the Defendant’s vessel, was an accident of shocking the players’ part of the Plaintiff’s vessel, which was in operation before the Defendant’s course, on the part of the Defendant’s vessel while sailing at a speed of approximately 11 knots in the direction of an article, with approximately 38.5 nautical miles north latitude and the parallel of Articles 38.5 nautical miles north latitude and 128.48 east longitude (5-8 east).

C. The instant accident causes damage to the player part of the Plaintiff’s vessel, and the captain H, who was on board the Plaintiff’s vessel, was in distress, was in need of three weeks’ medical treatment due to the string of the double wall, the snow pool, open wound, etc., and the crew I suffered injury in need of three weeks’ medical treatment due to the blood and string of the hair part and the string of the string part.

[Ground of Recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including paper numbers), purport of the whole pleadings, occurrence of damages liability and limitation

A. According to the Maritime Safety Act, a vessel shall at all times proceed at a safe speed so that it can take adequate and effective action to avoid a collision with another vessel or stop a vessel at a distance appropriate to the prevailing circumstances and conditions (Article 64), and any vessel navigating in or near an area with restricted visibility or its adjacent thereto is not in sight of each other, so that it can sufficiently grasp the surrounding circumstances and risks of a collision with other vessels (Article 63).

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