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(영문) 대법원 2019.11.14 2017다224807
공탁금출급청구권
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1.(a)

The voyage charter of this case is the "E" ship operated by Defendant C Co., Ltd. (hereinafter “Defendant C”), and is the international maritime goods contract transporting 6,000 tons of Pampling items from the port of Madarari-gu to the military port of the Republic of Korea, etc., and the governing law should be determined in accordance with the Private International Law in relation to foreign elements.

Article 25 of the Private International Act provides that the governing law of the contract shall be determined explicitly or implicitly by the parties.

On November 5, 2013, when Defendant C signed and sealed as the shipowner, the letter of good faith (Fixure No., the lower court stated “Fixure No,” but hereinafter “instant letter of good faith”) provided that, except as explicitly agreed by the parties, one of the international standard contractual forms would follow GRAINCONN94, and the above form would be governed by English law if there is no separate declaration of intention between the parties. No separate declaration of intention is available on the voyage charter of this case. Thus, the governing law applicable to the voyage charter of this case is the English law. (b) Under English law, if a reasonable person is to understand the legal meaning and effect of the terms chosen by the parties in determining the legal meaning and effect of the terms, it should be evaluated based on what meaning is objectively considered in light of the circumstances known to the parties, and in particular, it should be interpreted in light of the language and language of the contract or its meaning as a usual and natural meaning. Therefore, if there is no special circumstance that “any other person is acting on behalf of the parties” in the charter of this case.

‘The qualification of the agent' is expressed even when the expression is used.

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