재용선계약에서 주운송인인 선박임차인의 책임(大法院 2004.10,27, 선고2004다7040판결) (原審 : 부산고법 2003.12.11. 선고 2003나172판결)

Abstract

The demise charterer is liable for the loss occurred to the third party in spite of registration of ship's demise when demise charterer used the ship in the navigation, because demise charterer has the right of command and management of the master in this case. The defendant who is carrier in the first voyage charter party is not liable the shipper in the forth voyage charter party. but the defendant who is demise charterer in the second bare boat charter party is liable the shipper in the forth voyage charter party because he is the actual carrier who has the right of command and management of the master in this case. It is a matter of course that the demise charterer is liable for the loss to the goods covered by the contract of carriage or tort as the shipowner is liable for the case.