The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1.(a)

If a claim for damages against cargo was made against the carrier's performance assistant, agent, or sub-contractor (hereinafter referred to as "transport-related person"), he/she may invoke defenses, such as limitation of liability, which he/she may claim against the carrier, such as the limitation of liability, which he/she may claim against the carrier, and such sub-contractor protected as such, the so-called "Sub-contractor" includes the shipowner and charterer, the shipper, the shipper, the terminal operator, the terminal operator, the classification and classification business operator, his/her agent, and the person who assists in the performance of the carriage." If the so-called "Himday Clause" is written on the back of the bill of lading, the sub-contractor does not constitute a loss or damage caused by his/her intentional act or omission while recognizing the concern about the occurrence of the loss of, damage to, or delayed arrival of the cargo, the sub-contractor is entitled to invoke the limitation of liability of the carrier in accordance with the terms and conditions of the bill of lading.

(see, e.g., Supreme Court Decisions 95Da25237, Jan. 24, 1997; 2007Da4943, Apr. 27, 2007). Here, “any person who assists in the performance of carriage” includes a shipper who, without a direct contractual relationship with a carrier, partially performs the work falling under the scope of the carrier’s duty and the scope of the responsibility pursuant to the bill of lading, provided that there are no special circumstances, such as requesting that the carrier has a direct contractual relationship with the carrier.

B. Meanwhile, when the distance is a short distance, the original bill of lading has already been recovered from the place of departure, as required for trade practice, to resolve the inconvenience that the consignee would not promptly receive the goods if the original bill of lading arrives later than the goods transported.