해상운송계약상 운송물의 멸실에 따른 운송인의 책임한도액에 관한 판례연구

A Case Study on the Limit of Liability in Case of Loss of Goods under the Maritime Transport Contract

Purpose - This paper analyzes the calculation methods of the limit of liability in case of loss of goods under the maritime transport contract with Cour d’appel de Rouen, 26 avril 2018 of France. Design/Methodology/Approach - This paper focuses on the calculation methods of the limit of liability in case of loss of goods, and is carried out through the literature method using academic papers for the analysis of this study. Findings - In this case, since the revision of the agreement according to the Hague-Visby Rules, the limitation of liability by weight was stipulated, and the limitation of liability by packaging and unit for heavy objects was hardly applied. In addition, since the gross weight is the total weight of the lost or damaged goods, it was found that if only one package or two goods are loaded and only one of them is damaged, only the weight of the damaged goods is the object of the liability limit calculation. Research Implications - Since it has not been clear until now whether or not the appraisal cost is subject to the limitation of liability under the Convention, the appraisal cost in this ruling is equivalent to the cost for resolving the accident, this is denied for the mere reason that it is not loss or damage to the article stipulated in Article 4 (5). If the cost of appraisal, which is the cost for assessing damage, is subject to the limitation of liability, all costs for the procedure are interpreted in the same way, but the opinion of this ruling is supported, as it is obviously too much to be the cost of goods up to these costs.