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(영문) 대법원 2019.12.27 2019다218486
용선료 등 청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. Each of the time charters in the instant case also succeeded to the status of the Plaintiff, a Pakistan, as the Plaintiff, which was a d company (hereinafter “D”) that was a corporation in the Republic of Korea, by absorbing D and absorbing D, the applicable law should be determined in accordance with the Private International Act.

The main sentence of Article 25(1) of the Private International Act provides that “a contract shall be governed by the law that the parties have chosen explicitly or implicitly.”

Since the governing law of the instant time charter is set as the English law, the English law also remains the governing law in this case where the Plaintiff seeks hire payment, etc. under each of the instant time charters.

In a time charter contract where a shipowner has both the possession of a ship, the right to appoint a shipmaster and a seafarer, and the right to overall control and management of a ship, the term “redelivery” refers, in principle, to the return of the ship to a shipowner in accordance with the conditions stipulated in the time charter contract. If a time charter contract provides that the shipowner shall take over the fuel oil remaining on the ship at the time of the counter-ship and the time charterer shall settle accounts and pay the price to the time charterer, the time charterer shall impose in advance a duty to notify the shipowner of the time of the counter-ship and the point of the counter-ship several times, and if the requirements and procedures are prescribed, such as the quality of the fuel oil remaining at the time of the counter-ship and the minimum quantity anticipated at the time of the non-ship, the counter-delivery is premised on the condition that the time charter is performed in accordance with the conditions set in the time charter contract, this shall not include cases where the ship is returned due to

B. The lower court, taking into account the circumstances indicated in its reasoning, shall be as follows.

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