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TITLE [Damages]Supreme Court Decision 2004Da12394 Delivered on January 27, 2005 [full Text]
Summary
[1] In case where a bill of lading was issued in marine cargo transportation, and the carrier¡¯s shipping agent stored the freight to a commercial bonded warehouse as per the de facto importer's request, and then the operator of the commercial bonded warehouse, in collaboration with the de facto importer, removed the freight without authorization and thereby caused its extinction, whether the bill of lading holder's property right to the freight is infringed upon due to the shipping agent's gross negligence (negative) [2] Whether a carrier and its domestic shipping agent can be deemed to have the status of a commercial bonded warehouse operator's employer as a matter of civil law (negative with qualification)
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