[1] The case holding that the claim for oil expenses supplied to a ship constitutes the claim for maritime lien under the Belgiumn Ship Registration Act, and in this case the claim for a lien on the ship is limited to the claim for oil expenses supplied to the ship in question

[2] Whether the provisions of Articles 476 through 479 of the Civil Act concerning the appropriation of performance are voluntary provisions (affirmative), and the method of appropriation of performance

[1] Articles 5 and 60 subparag. 1 of the Private International Act / [2] Articles 105, 476, 477, 478, and 479 of the Civil Act

[2] Supreme Court Decision 84Meu1324 delivered on March 24, 1987 (Gong1987, 701)

Ansan Entertainment ELD (Law Firm Samyang, Attorneys Song Tae-won et al., Counsel for the plaintiff-appellant)

Algerashion Corporation

Busan District Court Order 2008Ra535 dated October 28, 2009

The order of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of reappeal are examined.

Article 60 subparag. 1 of the Private International Act provides that "the ownership and mortgage of a ship, maritime lien and other real rights on a ship" shall be governed by the law of the country of registry. Since the country of registry of the ship of this case is Belgium, whether the respondent has acquired a maritime lien on the ship of this case shall be governed by the Belgiumn Law, which is the country of registry of the ship. According to the records of this case, Article 46(5) subparag. 6 of the Belgiumn Ship Registration Act provides that "the amount to be paid due to the obligation incurred in supplying, maintaining, or operating the ship is the amount to be paid for the ship." Thus, the claim for oil expenses supplied to the ship shall be limited to the claims for maritime lien on the ship of this case, and the claim for the maritime lien on the ship of this case shall be interpreted as a claim secured by the maritime lien on the ship of this case.

Meanwhile, since the provisions of Articles 476 through 479 of the Civil Act concerning the satisfaction of obligation are voluntary provisions, if there is any agreement between the person performing the obligation and the person receiving the repayment, which is different from the above provisions, the effect of the satisfaction of obligation arises pursuant to such agreement, and in the absence of such agreement, if the provision of performance does not extinguish in whole the obligation, the effect of the satisfaction of obligation becomes effective by the designation of the person making the satisfaction of obligation under Article 476 of the Civil Act, and the effect of the satisfaction of obligation takes effect by supplement to the order of the satisfaction of obligation under Article 477 of the Civil Act (see Supreme Court Decision 84Meu1324 delivered on March

According to the reasoning of the order of the court below, on October 8, 2007, the applicant and the respondent managed the applicant's ship which entered the Republic of Korea at their own expense, provided goods necessary for the ship at the applicant's instruction or at the captain's request, provided medical assistance to seafarers, the applicant entered into a ship agency contract (hereinafter "the contract of this case") with the main contents of settling and paying the above expenses before the departure of the ship, the respondent paid the ship of this case at the oil expense of 85,850 on November 1, 207, 107, 106, 192,506 US dollars 192,506 on April 21, 2007 (hereinafter "oil expense of this case"), 207 US$ 305 on October 1, 207, 207, 203 US$ 407 US dollars 205 on December 27, 2007, 207.

In light of the above facts in light of the legal principles as seen earlier, if the applicant agreed to pay USD 214,293 on November 7, 2007 to the respondent and USD 335,407 on November 21, 200, if there was an agreement on the appropriation of appropriation, the effect of the appropriation of appropriation takes place according to the agreement. In the absence of such agreement, if the respondent's obligation to the respondent is not extinguished due to the payment of each of the above U.S. dollars, the designation of appropriation of appropriation under Article 476 of the Civil Act and the legal appropriation of appropriation under Article 477 of the Civil Act shall take effect in accordance with the provision on the appropriation of appropriation and the provisions on the appropriation of appropriation of appropriation under Article 477 of the Civil Act. If the claim of this case was extinguished due to the appropriation of appropriation of appropriation, even if the respondent paid the other ship's oil

Therefore, the court below should determine the legitimacy of the lien on the instant vessel by examining whether the instant oil expense claim was repaid in accordance with the above legal principle on appropriation of the claim. However, the court below determined that the lower court was insufficient to recognize that the instant oil expense claim was fully repaid by integrating only the facts as stated in its reasoning. In so doing, the court below erred by misapprehending the legal principles on appropriation of the claim, thereby failing to exhaust all necessary deliberations, which affected the conclusion

Therefore, the order of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cha Han-sung (Presiding Justice)