펀드의 설정 또는 판매에 관여한 자들 간 책임에 관한 판례 평석 - 대법원 2021. 6. 10. 선고 2019다226005 판결을 중심으로 -

Abstract

The Supreme Court ruled that in the case where the liability for default and the liability for tort compete, the contractual disclaimer does not apply to tort liability unless there is an agreement to apply the contractual disclaimer to claims for damages caused by tort explicitly or implicitly. However, the High Court referred to the 1983 All-Agreement Decision and ruled that the contractual disclaimer applies to tort liability even if there is no separate explicit or implied agreement. According to the judgment of the en banc, the disclaimer (regulation limiting the amount of compensation) listed on the bill of lading is also effective for tort liability. In this paper, the validity of the grounds presented by this ruling is reviewed.<BR> In this case, there is an exemption agreement that it is not possible to hold contractual liability if there is no gross negligence. If there is no explicit or implied agreement to apply this agreement to tort liability, there is a question of whether to apply it to tort liability. The legal principles on the status and obligations of the fund