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| TITLE | Supreme Court Decision 2025Da211111 Decided November 13, 2025 【Reimbursement】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Whether the provision on the limits on liability stipulated in Article 797 of the Commercial Act, regarding the carriage by sea, is applicable to the carriage by land (negative) [2] In a case where Stock Company A requested Stock Company B to transport export cargo, and, according thereto, Stock Company B subcontracted the carriage by land from Incheon Port to Busan Port to Stock Company C and the carriage by sea from Busan Port to Stock Company D, and later, Stock Company C subcontracted the carriage by land to Stock Company E; although Stock Company A requested that their export cargo be transported at 18°C in a temperature-controlled container, Stock Company D’s employee mistakenly instructed the employee of the container storage company to set the temperature to ?18°C, and the employee of Stock Company E did not check the temperature of the container before the carriage by land, resulting in an accident where the export cargo was damaged due to being kept in freezing conditions until it was transported to the container terminal of Stock Company D at Busan Port; and Insurance Company F, which concluded the marine cargo insurance contract with Stock Company A in relation to the carriage of export cargo, paid the amount of insurance coverage to Stock Company A and sought compensation for damage from Stock Company D and others, the case holding that even though Article 797 of the Commercial Act, regarding the limits on any liability of a carrier by sea, is not applicable to the liability of Stock Company D for compensation for damage arising from the above accident, the lower court, which determined otherwise, erred and adversely affected the conclusion of judgment by misapprehending the legal doctrine | |
