선하증권과 상환하지 않은 운송물 인도의 효력과 그 책임의 귀속

In marine transportation, when a Bill of Lading (B/L) is issued, the exporter (the consignor) who has delivered the cargo to the carrier and has received the Bill of Lading, presents the Bill of Lading to the bank and receives payment of the money in exchange for the Bill of Lading, and the importer (the consignee) who has paid the payment through the bank receives the Bill of Lading and then the cargo is delivered from the carrier in exchange for the Bill of Lading. In this case, carrier who has returned the Bill of Lading from the owner of the securities is obliged to deliver the cargo in exchange for the Bill of Lading, but the commercialism of “Guaranteed Delivery” in which a consignee takes delivery of a cargo from a carrier after receiving a Delivery Order (D/O) issued by a bank without exchange for the Bill of Lading due to various reasons is utilized in practice. In this paper, I studied three themes on ⅰ) the validity of “Guaranteed Delivery” recognized as the commercialism in practice, ⅱ) the responsibility of the carrier who has delivered the cargo with repayment of a Letter of Guarantee at discharge (L/G) without exchange for a Bill of Lading, ⅲ) the responsibility of the warehouser who has delivered the cargo regardless of the Delivery Order issued by the carrier who has received only a Letter of Guarantee at discharge. Therefore, I have examined the effects and the belonging of responsibility for the delivery of cargo that has not been exchanged with a Bill of Lading.