개품운송계약에서 운송인의 물품인도시기와 보세창고업자의 책임에 관한 연구

A Study on the Liability of a Carrier and Bonded Warehouse for the Delivery Time of Cargo in Contract of Affreightment

Delivery of cargo which ends carrier’s contractual liability occurs when the control of the goods is substantially transferred from the carrier to the named consignee. In regard of Contract of Affreightment, we looked into the delivery time of cargo which varies with the types of bonded warehouse where cargo is laid according to the customary delivery practice. In case cargoes are placed in bonded warehouse for business, Delivery order is in practice used for the sake of carrier’s control over the cargoes. Therefore we looked into implied contractual relationship between carrier and bonded warehouse and a bonded warehouse’s responsibility as a performance assistant for the carrier. Additionally, in case two contracts of Affreightment exist, by figuring out the basis of the Delivery Order which contractual carrier and actual carrier issue, we ascertained each carrier’s delivery time of cargo and the main agents of the implied contractual relationship with bonded warehouse. We further examined the bonded warehouse’s duty of care pursuant to implied contractual relationship with bonded warehouse.