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| TITLE | Supreme Court Order 2010Ma122 Dated Oct. 11, 2012[Reappeal against Order for Motion for Cargo Auction Approval] [full Text] |
|---|---|
| Summary | |
| [1] Where the custodian does not cancel or terminate the bilateral contract where neither party fully performs the duty until the meeting of persons concerned for deliberation on a rehabilitation plan ends, whether the custodian is deemed as opt for performance (affirmative) and in this case, legal nature of the other party's claim(=claim for the public interest) [2] Where seller and buyer form a F.O.B. (Free on Board) export/import sales contract; seller, not buyer, is supposed to secure shipping at the export place and forms a transportation contract where seller receives B/L with freight collect; and buyer shall pay freight to carrier when receiving cargo as consignee or holder of the B/L, which parties are the parties to the transportation contract (=the carrier by sea and the buyer) | |
