The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

A. (1) The bill of lading represents the right to claim the delivery of the cargo, which is an incentive document prepared according to the contract of carriage, and the Commercial Act is a premise for the establishment of a bill of lading in which a carrier actually receives or loads the cargo from a consignor. Thus, the bill of lading issued without receiving or loading the cargo is null and void as it does not satisfy the cause and requirements (see, e.g., Supreme Court Decisions 2003Da5535, Mar. 24, 2005; 2006Da47585, Feb. 14, 2008). This legal doctrine applies to a bill of lading issued after the delivery of the cargo to a consignee legally.

In addition, Article 854 of the Commercial Act provides that "if a bill of lading has been issued, it shall be presumed that a contract of carriage of a general goods has been concluded between the carrier and the consignor and that the cargo has been received or loaded as stated in the bill of lading." Meanwhile, Article 854 (2) of the Commercial Act provides that "a carrier shall be deemed to have received or loaded the cargo as stated in the bill of lading to a holder who has acquired the bill of lading referred to in paragraph (1) in good faith

Unlike legal relations between a carrier and a consignor under Article 854(2) of the Commercial Act, the purpose of protecting a third party who has acquired a bill of lading in good faith is to protect the circulation and transaction of a bill of lading. Thus, “holder who has acquired a bill of lading in good faith” under this context refers to a third party who has acquired a bill of lading in good faith except for a carrier and a consignor who is a party to a contract of carriage.

On the other hand, in the maritime transport without a bill of lading, the consignee arrives at the destination.