If the cargo consigned by rail has been damaged, the presumption of the fault of the railroad carrier and the liability for damages

If the consigned cargo is damaged by rail, it is presumed that the railroad carrier has been negligent in the carriage of cargo, and the carrier shall not be exempted from liability for damages caused by damage of the carriage cargo unless it is proved that the carrier has not neglected due care in connection with the carriage of cargo.

Jung-gun Agricultural Cooperatives (Attorney Yang Sung-tae, Counsel for the defendant-appellant)

Representative of the Law of the Republic of Korea and the Minister of Justice of the Republic of Korea shall be dual workers, stuffed persons, leaptables, Kim Jong-wons, and Shin-sungs

Seoul High Court Decision 74Na1249 delivered on December 6, 1974

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

In this case, if the cargo consigned to the railroad as in this case is damaged, it shall be presumed that there was negligence on the transportation of the cargo, and the carrier shall not be exempted from the liability for damages caused by the damage of the cargo unless it is proved that the carrier did not neglect due care in connection with the transportation of the cargo. (See Supreme Court Decision 65Da2125 delivered on December 28, 1965) In this case, it is obvious in Article 135 of the Commercial Act that the carrier shall not be exempted from the liability for damages caused by the damage of the cargo unless it is proved that the carrier did not exercise due care in relation to the transportation of the cargo. (See Supreme Court Decision 65Da2125 delivered on December 28, 1965) In this case, even if it is impossible to predict the inundation of the Han River River as in the theory, it is not recognized that the carrier did not neglect due care in relation to the transportation of the cargo in this case without any

Therefore, the appeal shall be dismissed and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-chul (Presiding Justice)