정기용선계약에서 용선정지(off-hire)의 성립요건에 관한 판례분석

Abstract

Under the time charter, the hire is paid in advance periodically during the charter period. Thus, the charterer will suffer loss where the full use of the vessel is not available to him because of any accident or deficiency which does not fall within charter's fault. To deal with this problem, most time charters contain an express off hire clause which aims to suspend the running of hire if time is lost in consequence of certain causes set out in the clause. This study investigated the requirements for constituting off hire under the time charter based on English cases with regard to the issues of off hire clause stipulated in standard forms of time charter. To place the vessel off hire, a charterer have to prove three things. First, it must show that an event described in the off hire clause have occurred. Second, it must show that the shipowner can not be able to perform the required services by the its occurrence. Lastly, loss of time give rise to the charterer in consequence of second cause.