컨테이너 초과사용료(container demurrage)의 제척기간 및 인정범위 - 부산고등법원 2015나52893 및 2015나56700 판결과 영국 MSC Mediterranean Shipping Co SA vs Cottonex Anstalt 판결의 비교분석을 중심으로 -

Abstract

Although we are seeing a rising number of disputes related to container demurrage in light of the deteriorating shipping industry in Korea, the Korean court has still not tackled the unsettled issues on the applicable time-bar and the extent of an acceptable range of container demurrage, and little research on the above issues have also been done, causing confusion in the shipping industry among practitioners. In this article, I intend to discuss whether it would be reasonable to apply the one year time-bar (under the Article 814 of Korean Commercial Code) to a claim related to container demurrage by reviewing recent Korean court case. As a conclusion, I would argue that the above Korean court case should be reconsidered since it would be reasonable to view that the short time-bar pursuant to Article 814 of the Korean Commercial Code would not apply to a claim related to container demurrage, and ultimately, the issue must be resolved by legislative measures. Further, I intend to present a standard of review on the recognizable scope of the container demurrage by analyzing and comparing the above Korean court cases and the English court’s decision rendered recently.