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TITLE Supreme Court Decision 2012Da14562 Decided November 27, 2014¡¼Indemnification Claim¡½ [full Text]
Summary
[1] In a case where the insurer violated its duty to explain the terms and conditions on limitation of liability, thus was precluded from claiming that the terms and conditions on limitation of liability constitute the content of the contract under Article 3(4) of the Act on the Regulation of Terms and Conditions, and paid the insurance money, whether the insurer is allowed subrogation under Article 682 of the Commercial Act (affirmative)
[2] In a case where foreign transport corporation ¡°A¡± entered into a transport contract with consignee ¡°B¡± corporation, and was stolen a part of the jewelry that B company imports from Consignor ¡°C¡± corporation during the period of carriage by air and land from C company¡¯s China factory to B company¡¯s Seoul office, the case holding that the Conditions of Contract regarding A corporation¡¯s Limitation of Liability stated on the back of the airway cargo bill ¡ª which were drafted at the time of the transport contract and distributed to consignee ¡ª apply to all aspects of the transport contract, including the period of carriage by land
[3] The scope of obligations arising out of commercial activities to which commercial statutory interest rate applies under Article 54 of the Commercial Act
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