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(영문) 광주지방법원 2017.09.01 2017나53094
임선료 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. Part of the purport of the judgment of the court of first instance.

Reasons

Plaintiff’s assertion

First, on June 9, 2008, the Plaintiff leased “C” to the Defendant for five years. ① The Defendant paid only KRW 60 million out of the total rent of KRW 150 million, and unpaid the remainder of KRW 90 million. ② The Plaintiff subrogated on or around June 11, 2009 due to the Plaintiff’s failure to pay the engine repair cost of KRW 15 million. ③ The Plaintiff paid KRW 25 million on August 16, 2006 for fishing gear, and the Defendant is obligated to pay the Plaintiff the total rent of KRW 125 million (= the above KRW 90 million).

Second, on July 20, 2015, the Plaintiff leased D’s rent of KRW 30 million to the Defendant for three months. The Defendant paid only KRW 15 million out of the above rent and unpaid KRW 15 million in remainder. The Plaintiff, among them, deducted KRW 5 million in the name of vessel repair expenses, and thus, the Defendant is obliged to pay the Plaintiff the remainder of KRW 15 million in the vessel rent (i.e., KRW 10 million - KRW 5 million).

Judgment

Determination on the claim related to “C” (Determination as to the completion of the extinctive prescription) bareboat charter refers to a contract under which a shipowner agrees to provide a charterer with a ship for the purpose of operating a ship under the control and control of a charterer, and the charterer agrees to pay the charterage in response thereto.

(Article 847(1) of the Commercial Act. A claim arising with respect to a bareboat charter between the parties shall be terminated if no judicial claim is made within two years from the date on which the ship is returned to the shipowner, and the period may be extended or reduced by an agreement between the parties, but the agreement for reduction of the period shall not be effective unless it expressly stated in

(Article 851, the proviso of Article 814(1), and Article 840(2)1 of the Commercial Act (see, e.g., Supreme Court Decision 851, Jun. 9, 2008). In full view of the purport of the entire pleadings, the Plaintiff shall “C” to the Defendant around June 9,

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