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(영문) 대법원 2019.07.10 2019다213009
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff, Defendant B, C, and U.S.

Reasons

The grounds of appeal are examined.

1. Judgment on the Plaintiff’s grounds of appeal

(a)(1) Multimodal transport contract means the combined transport of cargo by at least two different means of transport among land transport, maritime transport and air transport;

The Framework Act on Logistics Policies (wholly amended by Act No. 8617, Aug. 3, 2007) expands that the scope of logistics was limited to physical distribution centered on the transportation, storage, loading, unloading, etc. of goods, including all processes up to the time of the procurement, production, consumption, collection, and disposal of goods (Article 2(1)1 of the Act), and stipulates that a combined freight forwarder under the former Goods Distribution Promotion Act shall be deemed an international logistics brokerage business entity.

(Article 7 (1) of the Addenda). In addition, according to the Enforcement Rule of this Act, international logistics brokerage business operators may issue bills of lading and air waybills under their own name (see Article 5 (2) 2). Thus, in cases where international logistics brokerage business operators conclude a transportation contract under their own name and take over transportation, they shall be the subject of the rights and obligations under the relevant transportation contract after acquiring the status of

As such, the most core element should be deemed as multimodal transport in cases where a contract for comprehensive logistics operation including all logistics-related activities such as port loading, storage and movement, and utilization of logistics information is concluded between the parties.

(2) In the event of loss of or damage to the goods during the multimodal transport process, it is a question whether the carrier is liable under the law applicable to any means of transport.

The Commercial Act provides that the liability of a multimodal transport operator shall be subject to the applicable law to the transport section in which the damage occurred.

(Article 816, Paragraph 1, and Article 816 of the Commercial Act). If it is unclear in which transport section the damage has occurred, or if the damage has occurred, by nature.

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