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TITLE Supreme Court Decision 2013Da34839 Decided July 24, 2014¡¼Objections to Distribution¡½ [full Text]
Summary
[1] In a case where a ship flies a flag of convenience and the ship is the only connection to the country of registry, while there evidently exists a law of another country that is the most closely related to the pertinent legal relations, whether the law of the other country shall be deemed the governing law (affirmative)
[2] In a case where captain ¡°A,¡± etc. of a ship flying a flag of convenience registered in Panama brought a lawsuit against ¡°B¡± bank, the mortgagee of the ship, claiming a correction of the distribution list in a voluntary ship auction proceeding, which was drafted under the premise that B bank¡¯s mortgage took precedence over A, etc.¡¯s wage claims, the case affirming the judgment below striking down the distribution list as illegal under the Commercial Act of the Republic of Korea
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