2019년 중요 해상판례소개

Abstract

In 2019, the Korean court rendered 9 decisions involving important maritime law issues. Summaries of the court decisions are as follows: (1) In the Korean Supreme Court case 2018. 12. 13. Docket No. 2015da246186, the freight forwarder was decided that the warehouse keeper was his servant and agent and he was liable for the damages. (2) In the KSC case 2019. 7. 24. Docket No. 2017ma1442, the time chartered vessel can be subject to the maritime lien under Art. 777 of the KCC. The court decided that the legal nature of the time charter party is similar to the bareboat charter party and thus Art. 850(2) of the KCC is mutadis mutatis applicable. (3) In the KSC 2019. 4. 11. Docket No. 2016da276719, the court decided that there is no presentation rule applicable in case that the B/L is reissued as surrendered type. As as result, the shipping agent who issued the delivery order without collecting original B/L was not liable for the loss of cargo against the original B/L. (4) In the KSC 2019. 8. 29. Docket No. 2015da220627, the carrier’s exoneration of liability caused by the fire was admitted during the shipowner’s limitation of liability proceeding. Whether the carrier’s negligence contributed or not was decided in the proceeding. (5) In the KSC 2019. 6. 13. Docket No. 2019da205947, the commencement time under Art. 814 time bar period was addressed. The arrival time of the cargo at port was rejected as the date to be delivered in case that the cargo was destined to be delivered to the inland depot. (6) In the KSC 2019. 7. 10. Docket No. 2019da213009, logistics contract was made. But the court decided that the core of the logistics contract was combined transportation and Art. 816 was applied. (7) In the KSC 2019. 4. 23. Docket No. 2015da60689, the court decided to apply the Korean law, which governs the place where the legal interest was existed at the time of infringement of the legal interest, on the tort claim made by a cargo interest against an actual carrier under Art. 32(1) of Act on Private International Law. (8) In the KSC 2019. 10. 17. Docket No. 2019da14998, the court decided to apply air carriage provisions in Korean Commercial Act on a cargo claim, where the loss of the cargo occurred before the completion of air carriage. (9) In the KSC 2019. 12. 27. Docket No. 2017da208232, 208249, the court declined to apply unnamed/unidentified principal doctrine in English insurance law to a bareboat charterer who was not listed as an assured in the hull & machinery policy. The court also found that the nature of the BBCHP contract in question was not a transaction based on the reservation of ownership but a general bareboat charterparty.