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| TITLE | [Reimbursement]Supreme Court Decision 2004Da7040 Delivered on October 27, 2004 [full Text] |
|---|---|
| Summary | |
| [1] Whether the status of a carrier can be awarded solely based on the issuance of bills of lading where multiple shipping carriers exist due to sub-charter agreements, etc. (negative) and the method of establishing the status of a carrier [2] Whether an entity which possesses and manages the vessel with the power of employing and controlling a captain and a ship crew (=a vessel lessee) and a vessel lessee are liable to the third party, sub-charteree, under Article 806 of the Commercial Act where a voyage charteree which formed a voyage charter agreement with a vessel lessee charters out the vessel to sub-charteree under the sub-charter agreement (affirmative) [3] The case holding that although the vessel was sub-sub-sub chartered in sequence by the vessel lessee, the vessel lessee cannot avoid liability for losses resulted from the tort, intentional or negligent, committed by itself, or employees of the vessel while the cargo had been under its management, since the vessel lessee was an entity which actually performed the carriage contract with the vessel that had been under its direction and supervision | |
