Plaintiff shipowner JIN You’en, for the ship’s business needs, attached M.V. “JIN PENG 69” in the name of Outsider Hengpeng, and chartered ship barely to Huachen in the name of Hengpeng, the ship’s actual operation was controlled and managed by Plaintiff. M.V. “JIN PENG 69” reversed when Defendant claimant TIAN Jiqian lifted scrap steel for Outsider Xingfa, cable knocked down Defendant and he injured. TIAN Jiqian commissioned an appraisal institute to carry out a disability assessment, and the degree of disability was assessed as grade nine. TIAN Jiqian filed a pre-litigation maritime request for preservation application to the court, claiming the seizure of M.V. “JIN PENG 69” and requesting the respondent to provide 2 million yuan guarantee. Subsequently, it filed an action before the court with Hengpeng, Huachen as Defendants. In order to release the ship arrest, Hengpeng proposed to a collective land as a guarantee, TIAN Jiqian did not agree. Later, Hengpeng again requested in writing to lift the arrest of M.V. “JIN PENG 69”, JIN You’en remitted RMB100,000 yuan to the court as cash guarantee, and JIN Jie Outsider provided guarantee for the property owned by him, thus lifting the arrest of the ship. JIN You’en held that TIAN Jiqian should be liable for the loss caused by the abuse of rights and improper arrest and filed an action before the court.

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JIN Youen v. TIAN Jiqian

  • Martin Davies,
  • Jiang Lin

摘要

Plaintiff shipowner JIN You’en, for the ship’s business needs, attached M.V. “JIN PENG 69” in the name of Outsider Hengpeng, and chartered ship barely to Huachen in the name of Hengpeng, the ship’s actual operation was controlled and managed by Plaintiff. M.V. “JIN PENG 69” reversed when Defendant claimant TIAN Jiqian lifted scrap steel for Outsider Xingfa, cable knocked down Defendant and he injured. TIAN Jiqian commissioned an appraisal institute to carry out a disability assessment, and the degree of disability was assessed as grade nine. TIAN Jiqian filed a pre-litigation maritime request for preservation application to the court, claiming the seizure of M.V. “JIN PENG 69” and requesting the respondent to provide 2 million yuan guarantee. Subsequently, it filed an action before the court with Hengpeng, Huachen as Defendants. In order to release the ship arrest, Hengpeng proposed to a collective land as a guarantee, TIAN Jiqian did not agree. Later, Hengpeng again requested in writing to lift the arrest of M.V. “JIN PENG 69”, JIN You’en remitted RMB100,000 yuan to the court as cash guarantee, and JIN Jie Outsider provided guarantee for the property owned by him, thus lifting the arrest of the ship. JIN You’en held that TIAN Jiqian should be liable for the loss caused by the abuse of rights and improper arrest and filed an action before the court.