항해용선계약상 체선료 청구와 손해배상의 범위

The purpose of this paper is to introduce and analyze the duty of the demurrage and the scope of damages in the K Line Pte Limited v. Priminds Shipping (HK) Co Limited (The Eternal Bliss) [2021] EWCA Civ 1712. In The Eternal Bliss, the Court of Appeal has ruled that, unless otherwise provided in the charterparty, demurrage at the agreed rate is the only remedy available to an owner in the event of losses arising from a voyage charterer’s failure to complete loading and/or discharging of cargo within the permitted laytime. The Court of Appeal acknowledged that demurrage is an exclusive remedy for all consequences of a failure to complete cargo operations within laytime. This paper studies meaning, nature, application, requirements of the demurrage claim and the scope of damages in voyge charter by analyzing common law theories and especially The Eternal Bliss court decision.