The law applicable to maritime lien (=the law of the country of registry), and whether the same applies to the case where a ship is registered in a country other than the country of registry (affirmative)

The law of the country of registry under Article 60 subparagraph 1 of the Act on Private International Law, i.e., the law of the country where the ship owner registered or recorded the ship, and the law of the country where the ship owner registered or recorded the ship, shall be the governing law of the establishment of the maritime lien, whether certain claims are secured by the maritime lien, and the scope of the subject matter of the maritime lien. The same applies to the case where the ship is registered by the bareboat registration

Article 60 subparag. 1 of the Private International Act

[Plaintiff-Appellant] Plaintiff 2005Da39617 decided July 12, 2007 (Gong2007Ha, 1241)

Other party (Commonzbank Aktitigesect) (Attorney Jeong Byung-hee et al., Counsel for the plaintiff-appellant)

A. The term "A.I.D.," and the term "A.I.D., Counsel for the plaintiff-appellant" and the plaintiff-appellant.

Jeonju District Court Order 2013Ra205 dated June 2, 2014

The reappeal is dismissed. The costs of reappeal shall be borne by the re-appellant.

The grounds of reappeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The law of the country of registry (the country of registry), i.e., the country where the ship owner registered and registered the ship, pursuant to Article 60 subparagraph 1 of the Private International Act, shall be the governing law of the country where the ship owner registered and registered (see Supreme Court Decision 2005Da39617, Jul. 12, 2007). This legal principle applies to cases where a ship is registered and registered as a bareboat charter in a country other than the country of registry pursuant to the bareboat charter registration system.

In light of the above legal principles and records, the governing law of the maritime lien on the ship of this case is not the Marshall Islands Act, which is the law of the country of registration of ownership, but the "the Marshall Islands Act" which is the law of the country of registration of the ship of this case. According to the German Commercial Code, the claim for oil payment of this case is determined not to be secured by the maritime lien, and the order of the court below dismissing the application for voluntary auction of this case by the re-appellant based on the maritime lien is justifiable. In so doing, there is no error of law

Therefore, the reappeal is dismissed, and the costs of reappeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Sang-hoon (Presiding Justice)