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(영문) 부산지방법원 2017.06.08 2016가단321837
구상금
Text

1. Defendant C’s KRW 15,726,754 as well as 5% per annum from May 24, 2016 to January 20, 2017.

Reasons

1. Basic facts

A. From December 18, 2010 to June 21, 2014, the Plaintiff: (a) on board the Jeju Cargo E (16,708 tons; hereinafter “instant vessel”); (b) on board the vessel as the captain of the Jeju Cargo E (16,708 tons; hereinafter “instant vessel”); (c) from May 25, 2012 to February 21, 2013; (d) from June 29, 2013 to February 14, 2014, Defendant C used the instant vessel as the 2nd engineer; and (e) from June 1, 2012 to February 21, 2013 to February 21, 2014, Defendant C used the instant vessel as the 3rd engineer; and (e) from February 21, 2012 to February 21, 2013 to March 21, 2013, Defendant C stored the instant vessel as the 3rd engineer.

B. The Plaintiff, starting from the port of Busan and serving as the head of the instant vessel that returned to Busan Port through the Port of Jakaa and the Port of China, etc., was asked to sell fuel oil of the instant vessel from F, which was known to him in the course of selling waste oil used in the instant vessel, and sentenced the Plaintiff to the fuel oil of the oil of the instant vessel that went to Busan Port with selling it.

C. On February 2, 2013, the Plaintiff agreed to Defendant B, who was working as the second engineer of the instant vessel, with the knowledge of the fact that the Plaintiff sold the ship’s fuel oil to a Chinese company, it would be possible for Chinese company to remove the ship’s fuel oil, and opened a cover of the tank. The Defendant B knowingly consented to the Plaintiff’s sale of the ship’s fuel oil to a foreign company that was in the middle engineer of the instant vessel.

The plaintiff's actual oil consumption of the ship to the defendant D who served as the third class engineer at the time is greater than the quantity confirmed by measuring weather.

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