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TITLE | Supreme Court Decision 2022Da208649 Decided December 14, 2023 ¡¼Damages (Etc.)¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] Whether aiding and abetting by negligence is possible in the area of civil law (affirmative), and, in such a case, the details of negligence Standard of determining a proximate causal relation between aiding and abetting by negligence and the occurrence of damages arising from unlawful acts [2] Where cargo carried by sea is stored in a bonded warehouse for customs procedures, legal relations between a carrier and a bonded warehouse business entity Where a bill of lading is issued in relation to marine cargo transportation, a bonded warehouse business entity, who is a performance supporter of a carrier, should bear a duty to deliver cargo to the holder of the bill of lading (affirmative) Whether a bonded warehouse business entity should bear a duty of care to confirm whether a delivery order is legitimately issued (affirmative) Whether a bonded warehouse business entity should bear a duty of care that he or she should bear with regard to the delivery of cargo even in relation to an issuing bank which does not acquire a bill of lading (negative) |