SUPREME COURT OF THE REPUBLIC OF KOREA

摘要

1. Whether the charter party concerned in this matter belongs to time charter party? Whether a certain charter party belongs to bareboat charter, time charter or voyage charter should be determined by specifically taking into account an intent and content of the same charter party, in particular, how longer charter period is, how high amount of hire is, whether charterer obtains possession of a vessel and other charter party terms (Supreme Court Judgment of February 5, 1999 in case no. 97Dal9090). The Incheon District Court ("Original Court") determined that the charter party executed between the Owner of the Vessel, being the Opponent in this procedure, and Joyang Marine Co. Ltd. Belongs to a time charter party, pointing the circumstance as they showed in their Judgment. Considering the Original Court's reasoning in light of the above legal theory and the Litigation Records, there exists no err in the Original Court's determination that the Appellant argued in their Appeal Reason in relation to legal theory concerning category criteria for a type of charter party.