해적사건관련 공동해손의 담보와 유치권행사에 관한 판례분석

A Study on Security and Lien Exercise of General Average Related to Somalia Pirates Case -Focused on the Lehmann Timber-

The purpose of this study aims to analyse the security and lien action of the general average related to the Somali pirates with the Lehmann Timber Case. The owners'vessel Lehmann Timber was captured by Somali pirates on or about 28 May 2008 during her maiden voyage and eventually released following the payment of a ransom by the shipowners. She was released after 42 days, and she sailed for Salalsh in Oman as a port of refuge on 8 July 2008. Whilst en route the Vessel suffered a main engine breakdown on or about 12 July 2008, and had to be towed into port, where she arrived on 21 July 2008. The shipowners declared general average and exercised a lien over the cargo to secure payment of the cargo interest' general average contribution. The arbitrators awarded the shipowners the storage and other costs incurred in exercising that lien, but the Commercial Court reversed this decision and found in favour of the cargo receivers.