선하증권의 부지문언이 보험자와 피보험자, 해상운송인의 법률관계에 미치는 영향에 관한 연구

Abstract

When the bill of lading is issued for FCL cargo packed and sealed by shipper, marin carriers inevitably insert expressions such as “Shipper’s load and count” or “Said to contain,” The unknown wording in the bill of lading make the legal aspects of the underwriter, insured, marin carrier differently. The insured must, at its own expense, package the goods and stowage the packed goods within a container in the manner appropriate for their transport. Cargo insurance attaches from the time the subject-matter insured is first moved in the warehouse for the purpose of the immediate loading onto the carrying vehicle, continues during the ordinary course of transit and terminates on completion of unloading from the carrying vehicle. In no case shall cargo insurance cover ordinary loss in weight or volume and loss damage or expense caused by insufficiency or unsuitability of packing, the stowage of the packed goods within a container, transshipment. The burden of proof the loss damage of the subject-matter insured is for the account of the underwriter. If the underwriter can not make the burden of proof the loss damage of the subject-matter insured, the underwriter do not use the underwriter’s right to subrogation.