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| TITLE | [Damages (Other Categories)]Supreme Court Decision 2003Da47362 Delivered on December 21, 2006 [full Text] |
|---|---|
| Summary | |
| [1] The legal relationship between the carrier, etc. and the cargo manager at a designated storage, in case where a cargo processing company enters the cargo to the designated storage at the request of the shipper which is a mere notifying party on the bill of lading [2] In case where the cargo manager at the designated storage delivered the cargo without a delivery order or a carrier's consent, which caused damage to the holder of the bill of lading, whether the cargo manager is held liable for the damage on the ground of torts (affirmative) [3] In case where a cargo processing company enters the cargo to a designated storage at the request of the shipper which is mere notifying party of the bill of lading and thereafter the cargo manager at the designated storage delivers the cargo to the shipper without any permission, whether the shipping agency entrusted with cargo delivery work infringes upon the ownership of the holder of the bill of lading over the cargo with gross negligence (negative) [4] The case holding that under the circumstance that a shipping agency of a carrier permitted the cargo to enter the designated storage, the shipping agency should not be deemed as violating its duty even though the cargo manager at the designated storage delivers the cargo to the shipper without any permission | |
