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The Sewol ferry was stopped at Mokpo New Port in Jeonnam on April 16, the sixth cycle of the Sewol tragedy. Central photo
The government filed a lawsuit against the Sewol ferry, including deductions, but the court decided to dismiss it.
The 25th Civil Affairs Division of the Seoul Central District Court (Director Lee Dong-wook) said on Thursday that the government dismissed the claims for claims, including deductions from the Korean Shipping Association and Meritz Fire & Marine Insurance.
The government, which is entitled to reimburse Cheonghae Shipping, which is responsible for the foregoing, has a deduction agreement with Cheonghae Shipping and Meritz Fire & Marine Insurance to recover expenses incurred in investigating the cause of the accident in March 2016. He filed a lawsuit against 18 billion won for insurance money.
The Korean Shipping Association and Meritz Fire & Marine Insurance have signed ship deduction and hull insurance contracts with Cheonghae Shipping, respectively.
However, on this day, the court decided that it was not a legal requirement that the government file a lawsuit on behalf of Haejin Shipping. If a lawsuit or a request does not meet the requirements, it is different from making the decision to dismiss the case after judging the original decision as a decision to end the trial process without judging the claim itself.
Furthermore, the Court said: “It is the creditor’s lawsuit against the insurers on behalf of the proposed shipment, but the debtor has the right to exercise his right, ‘the debtor will not exercise that right.'” It means not exercising that right on their own. ” “The ‘state of being able to exercise the right’ means that there should be no legal obstacles preventing the exercise of the right.” However, the promise of insurance claims for the shipment already requested (the creditor has secured the debtor’s debt, etc. As there is a Korean Industrial Bank of Korea, Chunghae Shipping cannot claim insurance payments from insurance companies. “He added:” Cheonghae Shipping was unable to claim the insurance claim on its own due to a legal obstacle to insurance. ”
The judge said the government did not meet the requirements to exercise creditors’ rights because the debtor, Chung Hae Shipping, had already pledged to claim deductions and insurance claims for third-party Korean shipping associations and Meritz Fire & Marine Insurance.
In 2016, as the Korea Development Bank was recognized as a promise in an insurance claim lawsuit filed by the Korea Development Bank against the Korea Shipping Association and Meritz Fire & Marine Insurance, the shipping industry, which had already been requested, was unable sue the industry bank. At that time, the Banco Industrial case was confirmed in December 2018.
The judges decided that the government, the creditor, could not file a lawsuit against Cheonghae Shipping because Cheonghae Shipping was unable to claim the insurance claim.
Reporter Han Young-hye [email protected]
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