해상화물의 인도시기에 관한 고찰 - 대법원 2009. 10. 15. 선고 2008다33818호, 2009다39820호 판결 -

Abstract

The delivering problems of a cargo through the maritime transport will have the important meaning in dimension of security for payment of trade money, and in special, in case that B/L (Bill of Lading) will be generated, the delivery time of a cargo will become to standard to judge the establishing time point of unlawful act to the rightful possessor of B/L together with exchange time of B/L. The delivery of a cargo will be meant the actual transfer of possession for a cargo, and therefore, to grasp the delivery time of a cargo, it will be necessary to have totally reviewed the essential element to imagine that actual possession was already transferred, and we could grasp the contents for the carrier's duty of delivery, relations between carrier and bonded warehouse operator and contents of bonded warehouse operator's duty to have caution. In case of oil cargo in such viewpoint, we could grasp delivery time of the oil cargo carrier since we will review whether there are any different point between the general bonded warehouse cargo and bulk cargo of transportation and custody type, and in case that the Contracting Carrier who issued the House B/L on one side, it will come to the important factor to confirm both parties between the party of bonded warehouse operator and person who has the bailment contract, and also it, especially to specialize contents of the caution duty of the man who is the actual party of the bailment contract. Accordingly, in this judicial precedent, it is to clarify the attention and obligation of the bonded warehouse operator and the carrier's duty of delivery under reviewing propriety of the Supreme Court decision related to delivery time of the oil cargo and the cargo delivery time of the Contracting Carrier and the Actual Carrier.