2023년 상법총칙, 상행위, 해상운송·항공운송법 분야 판례 회고

Abstract

In 2023, a number of significant Supreme Court judgments were handed down in the areas of general provisions, commercial activities, and maritime and air transportation. In addition to the traditional areas, such as commercial rates, commercial statutes of limitations, and the liability of business transferee using the same trade name as transferor, issues regarding B/L(Bills of Lading) in Maritime, and Montreal Convention regarding International Air Transportation were also addressed. First, in the field of general provisions and commercial activities, the interest rate applicable to a contractee's claim against a subcontractor (Art. 32(1) of the Construction Industry Basic Law) and a lawyer's payroll claim against its law firm were reviewed. Regarding the commercial statute of limitations, it was addressed whether the commercial statute of limitations can be applied to unjust enrichment claims seeking the return of proceeds already paid under an investment contract. The liability of business transferee using the same trade name was also addressed with the relationship between the transferor and transferee, and whether or not what happened to the transferor affects the transferee. In the context of maritime transportation, there have also been interesting decisions regarding B/L. The requirements for being the lawful holder of a B/L have been set forth, and the legal relationship surrounding the B/L had become more flexible considering the shipping practice. By imposing joint tort liability on the importer for unauthorized removal of the cargo, it is expected that the illegal practice of the importer who encouraged the carrier to hand over the cargo without the exchange of a B/L. Meanwhile, the content of the duty of care owed by a bonded warehouseman was specifically determined, and the extent to whom the bonded warehouseman owes such a duty of care was also reviewed. A significant case involving the Montreal Convention on air transportation was also rendered. The case dealt with the issue of whether passengers can recover mental damages under Article 19 of the Montreal Convention. Furthermore, the judgment also reasoned whether or not metal damage claims can be recovered where it is permitted by the supplementary law, and how to determine the supplementary law (governing law under the private international law v. lex fori). In this article, we will take a look at the cases that have addressed these issues and examine their significance and relationship to the underlying legal doctrine. Although significant precedents continue to accumulate, there is still a thirst for more judgments in the fields above, especially for maritime and air transportation area. It is hoped that this brief discussion and review of the relevant cases will serve as a basis for further academic discussion and jurisprudence in these areas.