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한국어

BBC-HP is a form of hull charter contract that is widely used in practice. The legal nature of BBC-HP is an important issue because the legal nature of BBC-HP may have different consequences, such as liability for damages and the right to claim fair insurance payments, depending on whether it is legally binding or not. Supreme Court 2019. 12. As can be seen in the 27. Sentencing 2017Da208232, 208249 ruling, the legal nature of BBC-HP was an important issue in determining who the rightful insured party was, and in particular, the ruling of the Supreme Court in this case, BBC-HP, as a new form of BBC-HP, is a meaningful ruling that shows the attitude of our court regarding the legal nature of BBC-HP's specific conditions or matters. However, the court viewed the case of BBC-HP as a conditional lease with a right to purchase. As a result, the ship owner was interpreted as a legitimate insurance claimant and received an unfair advantage, and the fact that the hull charterer suffered a large amount of damage cannot be denied. In this regard, after analyzing the legal nature of BBC-HP once again, it can be interpreted that the standard form used in the UK, which is the standard for maritime law, is BARECON 2001, BARECON 89, and the case law shows that BBC-HP is treated as an installment purchase, which is considered a contract of sale with a reservation of ownership. In addition, there are various theories regarding the legal nature of BBC-HP in Korea, such as the conditional lease, financial lease, and installment sales contract, and the Supreme Court ruled in 2019. 12. 27. Sentencing 2017Da208232, 208249 The previous ruling also confirmed that the BBC-HP is consistently viewed as the sale and purchase of a ship that pays the purchase price in installments over a certain period of time. However, in the Supreme Court's Decisions 208232 and 208249, which were handed down on December 27, 2019, the court interpreted the relevant hull charter agreement as a lease agreement and, accordingly, determined that the shipowner was the rightful claimant for insurance money, and the hull charterer is believed to have suffered enormous economic losses. Even if the terms of the BBC-HP contract in this case are different from the usual BBC-HP contract, the ultimate purpose of the transaction between the parties to the BBC-HP contract is considered to be the sale and purchase of a vessel with the intention of acquiring ownership, in light of the intent to trade and trading practices. In addition, since BBC-HP pays the charter price and the price of the hull at the same time as time passes, it is judged that the damage to the shipowner is greater than that to the ship charterer in the event of the loss or total loss of the ship. Therefore, it is considered that the legal nature of BBC-HP is a contract of sale with a reservation of ownership.