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| TITLE | [Reimbursement]Supreme Court Decision 2007Da82530 Decided August 20, 2009 [full Text] |
|---|---|
| Summary | |
| [1] Whether an agreement is invalid as contrary to Article 790 of the former Commercial Act, where the agreement was made through general condition on the back of a bill of lading, wherein a marine carrier would be liable for loss or damage caused to goods as a carrier from the time when he receives the goods at a port of loading and has sole custody of them (negative) [2] Whether the ""employee or an agent"" of the carrier under Article 789-3 (2) of the former Commercial Act includes an independent contractor operating his own business (negative) and whether such independent contactor is entitled to avail himself of the defense as to limits of liability which the carrier is entitled to invoke under Article 789-2 of the former Commercial Act (negative) [3] Where in marine transportation goods were damaged in the course of the stowage of a container, a person who operates a container freight station at the port and provides the stowage of container is not a performance assistant who may invoke the carrier's defense of exemption from liability. | |
