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| TITLE | Supreme Court Decision 2019Da213009 Decided July 10, 2019 【Damages (Etc.)】 [full Text] |
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| Summary | |
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[1] Meaning of a multimodal transport contract In a case where a freight forwarder concludes a transport contract under his/her own name and performs carriage, whether the freight forwarder acquires the status of a multimodal transport operator and becomes a holder of rights and obligations pursuant to the given transport contract (affirmative), and in a case where the parties concerned conclude a contract regarding general freight operations, which includes the entirety of freight-related operations, such as the unloading, loading, storing, and transferring cargo at the port, as well as the utilization of logistics information, whether the most important element of the operation must be considered as multimodal transport (affirmative) [2] In the event of loss or damage to cargo in the process of multimodal transport, and where it remains unclear as to in which transport section the damage has occurred or where the occurrence of the damage is not limited to any area in its nature, if the distance of transportation by sea is the longest, whether the liability of a multimodal transport operator for the said damage must be subject to the application of the provision concerning maritime transport (affirmative) [3] Meaning of “the date when the carrier will deliver the cargo” under Article 814(1) of the Commercial Act, and in the event of lost cargo, the transport operator’s refusal to deliver the cargo, or the suspended transportation for reasons attributable to the transport operator, whether the determination of whether the period of filing a lawsuit as stipulated in the foregoing provision lapsed must be made on the basis of “the date when the carrier will deliver the cargo” (affirmative) |
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