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(영문) 광주고등법원 2015.05.15 2014나11559
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The plaintiffs, while residing in the U of the Haung-gun in the Jeonnam-gun, set up Kim Jong-mak in the sea level, such as 34°21 degrees North latitude and 127°15 degrees East longitude, and exposed Kim Jong-mak to the surface of the water, and then set up Kim Jong-mak to the surface of the water.

(2) The Defendant S&B Korea Co., Ltd. (hereinafter “Defendant Co., Ltd.”) established for the purpose of cargo loading and unloading, transportation, etc. and owns a general cargo ship V (3,749 tons, 16.1m, 106.05m in length; hereinafter “instant vessel”) of Pakistan’s nationality. The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company engaged in freight transportation by chartering it in form. Defendant Co., Ltd is a person employed by the Defendant Co., Ltd from September 2012 to work as the captain.

Defendant T, as the captain of the instant vessel on January 25, 2013, around 19:25, the captain of the instant vessel, loaded 4,005 tons of the instant vessel on the instant vessel at the KIKOn Port in Japan, and departing from the port of Chungcheong Jina at the destination; thereafter, Defendant T was notified by the Defendant Company that the instant vessel was at anchor and the two other vessels sail at the port of due navigation.

On January 28, 2013, at around 10:00, Defendant T decided to change the route to pass through the west-do waterworks, the diameter of which is instead of the southwest-do, and at approximately 34.02 east 20 east 128.58 east 128 east 30 east 284 east 284 east east 18. The instant vessel was sailing at the location of 34.21 east 21 east 127.25 east 25 east east 18:10 on January 29, 2013.

On January 29, 2013, at around 07:35, Kim Jong-sik was assembled and discovered with rhhythrhhhhhm on the 201st day of 07:35, and the reduction of the middle part of Kim Jong-type (hereinafter “instant accident”). Accordingly, the 676 books of the aquaculture network and the ropes for aquaculture, anchor and anchor ropes, anchor and anchor ropes, anchor, boom, prop, and Kimpo.

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