In this case, the contractual carrier issued House B/L of which consignee was L/C issuing bank, and also received Master B/L of which consignee was the contractual carrier from the actual carrier. After having received the arrived freight in the exchange of Master B/L, the contractual carrier let the warehouse keep the goods. However, the warehouse gave the goods to the importer only under the delivery order of the actual carrier rather than the contractual carrier. This constituted the tort that infringed the holder of the House B/L(Supreme court 2009DA39820 decision on 2009. 10.15.)
In the case that the domestic agent for the foreign carrier ordered the bonded warehouse in Korea to deliver the transported cargo to the importer without the order nor consent of the L/C issuing bank and exporter, it has the responsibility to indemnify against the total damages owing to the importer¡¯s taking out the cargo. (Seoul Central District Court, May 2, 2008.)
The forwarder who did not issue the B/L or House B/L has no responsibility for the cargo damage during the transportation, as he is not the transporter but the transportation broker. (Supreme Court, April 27, 2007.) This conclusion is also same in the case where the forwarder has controlled the total transportation relation substantially and performed the most of transportation process. (Seoul Nambu District Court, October 29, 2008.)