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【法宝引证码】
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- Type of Dispute：
Civil--＞Maritime --＞Maritime
- Legal document：
Judgment
- Judgment date：
09-04-2003
- Procedural status：
Trial at Second Instance
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No.4 of Ten Model Cases in Maritime Trials: Zhejiang Textiles Import & Export Group Co., Ltd. v. Evergreen International Storage & Transport Corp. (Case of Dispute over a Marine Freight Contract)
(Case of Dispute over a Marine Freight Contract)
海事审判十大典型案例之四：浙江省纺织品进出口集团公司与长荣国际储运股份有限公司海上货物运输合同纠纷案
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| No.4 of Ten Model Cases in Maritime Trials: Zhejiang Textiles Import & Export Group Co., Ltd. v. Evergreen International Storage & Transport Corp. (Case of Dispute over a Marine Freight Contract) | | 海事审判十大典型案例之四：浙江省纺织品进出口集团公司与长荣国际储运股份有限公司海上货物运输合同纠纷案 |
| 1. Case Summary | | （一）案情摘要 |
On July 31 and August 7, 2000, Zhejiang Textiles Import & Export Group Co., Ltd. (hereinafter referred to as “Zhejiang Textiles Company”), as the Seller, entered into a written confirmation on the selling of school uniforms with a party not involved in this case. Through successive agency of Huahai International Transport (Zhongshan) Co., Ltd., Honghai International Shipping Company, Shanghai Wailianfa International Freight Co., Ltd., and Shanghai Sanxing International Freight Co., Ltd., Zhejiang Textiles Company booked space and shipped school uniforms in batches to Evergreen International Storage & Transport Corp. (hereinafter referred to as “EITC”), the carrier, and obtained 21 original marine bills of lading as issued by the agent of EITC. The consignors as stated in the 21 bills of lading were three foreign companies. As required, Zhejiang Textiles Company paid ocean freight rates and EITC also confirmed that it has received such rates. After the goods were shipped, Zhejiang Textiles Company collected the payment for goods through the bank. Since there was no one to clear the bills, the trade documents, including the bills of lading, were all returned by the bank. EITC confirmed that it delivered the goods to the consignee where it did not take back the original bills of lading. Therefore, Zhejiang Textiles Company instituted a lawsuit in the Shanghai Maritime Court against EITC on the ground that EITC delivered goods without receiving the original bills of lading, and requested the Court to order that EITC should compensate for its payment for goods and other losses.
．．．．．． | | 2000年7月31日、8月7日，浙江省纺织品进出口集团公司（以下简称浙纺公司）作为卖方与案外人签订校服售货确认书。浙纺公司通过华海国际货运有限公司、鸿海国际船务货运公司、上海外联发国际货运有限公司和上海三星国际货运有限公司的依次代理，分批向承运人长荣国际储运股份有限公司（以下简称长荣公司）订舱出运，并取得长荣公司代理人签发的21套正本海运提单。21套提单载明的托运人分别为三家国外公司。浙纺公司按规定支付了海运费，长荣公司也确认收到。货物出运后，浙纺公司通过银行托收货款，因无人赎单，全套贸易单证包括提单被银行退回。长荣公司确认在正本提单未收回的情况下将货物交付收货人。为此，浙纺公司以长荣公司无正本提单放货为由，向上海海事法院提起诉讼，请求判令长荣公司赔偿其货款等损失。
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