2010년 해상법 중요 판례소개

The author try to make comments on 5 Korean Supreme Court cases and one lower court case. In the Korean Supreme Court case 2010. 4.29 Docket No. 2009da99754, the Court rendered that the shipowner rather than the time charterer was liable for damages caused by the collision under the charter party situation. In the Korean Supreme 2010.4.15. Docket No. 2007da50649, the court decided that the FIO agreement in the Bill of Lading meant that the duty and liability, in addition to the cost, of the carrier for loading and discharging of the cargo, were shifted to the shipper. Furthermore, the Court upheld that the agreement was not against the Art. 799 in the KCC. In the Korean Supreme Court 2010.9.30. Docket No. 2010da41386, a servant of the shipping agent of the carrier issued the delivery order to the consignee, without exchange of the Bill of Lading. The shipping agent was held vicariously liable against the bank who suffered from damages because the bank relied on the warehouse receipt of the cargo which the consignee submitted to the bank based on the delivery order. In the Korean Supreme Court case 2010.1.28. Docket No 2008da65686, the court rendered that the owner of the barge was liable for the collision damages of the opposing vessel. In the Korean Supreme Court case 2010.9.9. Docket No. 2009da105383, the court admitted that a warranty clause was subject to the insurer's duty to explain and if the insurer did not discharge the duty, the insurer was not allowed to invoke the effect of the breach of the warranty, even though the governing law was English law. In the Seoul Central Court case 2010.5.20. Docket No. 2008gadan 49855, the owner of the vessel brought about the law suit for the compensation of the loss caused by the fouling anchor in a designated anchorage by the Korean government. The court decided that the Korean government did not have any liability caused by the public facility.