연속매매 시 송하인과 운송인의 주의의무에 관한 연구

Purpose : This study analyzes the case that after carrier completes a claim with shipper due to carrier’s fault regarding the rejection of cargo to EU in a situation in which the property has been legally passed by the transfer of the bill of lading without agreement of shipper(seller), the bona-fide holder of bill of lading who is a consignee of the re-sale contract requested damages from the carrier, and then suggests precautions of the shipper and carrier under string sales. Research design, data, methodology : This study analyzes the concept of string sales, the responsibility relationship among trade parties under string sales, and case(Carlos Soto Sau and another v. AP Moller-Maersk AS (SFL Hawk) [2015] EWHC 458(Comm)). Results : The first issue is to decide whether to transfer property between the seller and buyer under original sales contract and the judgment was that the actual intention is important and the transfer of the bill of lading is prima facie evidence not conclusive evidence. The second issue is whether the buyer under re-sale contract(back to back contract) has property and the court ruled that a bona-fide holder who acquired the bill of lading in good faith can claim under SGA 25(1). Conclusions : Based on the case analysis, the following precautions were given to the shipper and carrier: The shipper has to pay attention to insert a proviso clause that the L/C may be revoked by negligence, the original bill of lading must be recovered if the contract is terminated, and seller should check the possibility of resale with buyer if the notify party is not the buyer or buyer’s customs agent. In addition, it is necessary for the carrier to determine the eligibility of the plaintiff before settlement of claim and it is also necessary to obtain the original bill of lading and letter of indemnity from the shipper. Moreover, it is necessary to review the bill of lading prepared by shipper before signing the bill of lading.