[1] Whether Article 811 of the Commercial Act applies to a claim against a carrier by a bill of lading holder (affirmative)

[2] Whether Article 811 of the Commercial Act applies without regard to the cause of the claim, such as a carrier's bad faith or intentional intent (affirmative)

[1] Article 811 of the Commercial Act provides that "any claim and obligation of a carrier against a charterer, consignor, or consignee shall be terminated, whatever the cause of the claim may be, if no judicial claim is made within one year from the date on which the carrier delivers or delivers the cargo to the consignee." If a bill of lading has been issued under a marine transportation contract, the legitimate holder of the bill of lading is a consignee as defined in the above provision. Thus, Article 811 of the Commercial Act applies to a claim against a marine carrier by a bill of lading holder

[2] Article 811 of the Commercial Code applies without regard to any cause of the claim, such as the carrier's bad faith or intentionalness.

[1] Article 811 of the Commercial Act / [2] Article 811 of the Commercial Act

[1] [2] Supreme Court Decision 96Da42246 delivered on April 11, 1997 (Gong1997Sang, 1424)

The Korea Export Insurance Corporation (Law Firm Han-U.S. Law Office, Attorneys Yoon Yong-seok et al., Counsel for the defendant-appellant)

Seongdong Sea Co., Ltd. (Law Firm International Law Office, Attorneys Lee Won-chul et al., Counsel for the plaintiff-appellant)

Busan High Court Decision 96Na6295 delivered on October 31, 1996

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

1. On the first ground for appeal

Article 811 of the Commercial Act provides that "Any claim and obligation of a carrier against a charterer, consignor, or consignee shall be terminated if no judicial claim is made within one year from the date on which the carrier delivers or delivers the cargo to a consignee, regardless of the cause of the claim." If a bill of lading has been issued under a marine transportation contract, the legitimate holder of the bill of lading shall be the consignee as referred to in the above provision. Thus, Article 811 of the Commercial Act applies to a claim against a marine carrier of a bill of lading holder (see Supreme Court Decision 96Da4246, Apr. 11, 1997). Meanwhile, in light of the records, the defendant decided to directly transport the bill of lading after the request and issued the bill of lading form as the marine carrier. However, in issuing the above bill of lading form, the defendant is a marine carrier, and the defendant is also a marine carrier and the defendant shall not be deemed to be subject to the exclusion of the bill of lading form, as otherwise alleged in the ground for appeal by the court below.

2. On the second ground for appeal

Article 811 of the Commercial Act provides that Article 811 of the Commercial Act shall apply without regard to the cause of the claim, such as the carrier's bad faith or bad faith. Thus, the judgment below does not contain an error of law by misunderstanding the legal principles of Article 811 of the Commercial Act, and therefore, the argument based on a different opinion is without merit.

3. On the third ground for appeal

The defendant's assertion that Article 811 of the Commercial Act cannot be invoked as a carrier's employee or representative falls under the proviso of Article 789-3 (2) of the Commercial Act is the first time in the final appeal. As seen above, the defendant is a marine carrier, and there is no other evidence to recognize that the carrier is an employee or representative of the carrier. Thus, this part of the claim is without merit.

4. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Im-soo (Presiding Justice)