All
TITLE | Supreme Court Decision 2018Da289825 Decided August 31, 2023 ¡¼Unjust Enrichment¡½ [full Text] |
---|---|
Summary | |
¡¼Main Issues and Holdings¡½ [1] Where a carrier issues or delivers a bill of lading to a consignor, whether the person who proves that he/she has obtained the substantial right by the uninterrupted series of endorsements or any other method from the consignor may exercise the right stated in the bill of lading as a justifiable holder thereof (affirmative) and whether this may be likewise applicable to the person who obtained a bill of landing for the purpose of security from the consignor (affirmative) Whether the above legal principle is likewise applicable in a case where the person who is authorized to receive a bill of landing from a carrier on behalf of a consignor obtains the substantial right regarding the bill of landing (affirmative in principle) and whether the person who obtained the bill of landing for the purpose of security from the above person may also exercise the right stated in the bill of lading as a justifiable holder thereof [2] Where a carrier who issued a bill of landing delivers cargo without any redemption of the bill of landing, and thus an unlawful act is constituted, whether a justifiable holder of the bill of landing may claim damages against the carrier or joint tort-feasors who committed the unlawful act along with him/her (affirmative) [3] Meaning of the term ¡°interest¡± in the result of a lawsuit as the requirement for supplementary intervention |