채무불이행과 신뢰손해의 배상

• 영문명: Damages for Reliance Loss and Breach of Contract
• 발행기관: 한국재산법학회
• 저자명: 김영두(Kim Young-Doo)
• 간행물 정보: 『재산법연구』재산법연구 제22권 제3호, 127~151쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.02.01

영문 초록

When the contract is void or terminated, the aggrieved party in contract can claim damages for reliance loss, which are to put the aggrieved party into the situation in which it would have been if the contract had never been made. Usually reliance loss may be expenses or other losses incurred in reliance on the contract. In Korea, it is the prevalent view that damages for reliance loss would be awarded only when the contract is void or nullified. When the contract is effective, damages for expectation loss is thought to be enough to protect the interest of aggrieved party. However in anglo-american contract law, damages for reliance loss would usually be awarded in case of breach of contract. The award of damages for reliance loss is rather exceptional, when the contract is void or nullified. Unlike the prevalent view as to the reliance loss, the damages for it should be awarded in case of breach of contract. The first reason is that the aggrieved party should be given the chance to choose in which situation it wish to be put. In breach of contract, the aggrieved party is able and willing to be put into the situation in which it would have been if the contract had been duly performed. However it may wish to be put into the situation in which it would have been if the contract had never been through the damages for reliance loss. The aggrieved party should be entitled to choose between claiming on an expectation and reliance basis. The second reason is that the aggrieved party is not fully protected with the award of damages of expectation loss, when the expectation loss cannot be estimated or established. In these cases, damages for reliance loss is the only remedy entitled to the aggrieved party. When the aggrieved party should be entitled to be awarded the damages of reliance loss, the relevant article would be Art. 390 Korean Civil Law. Therefore for the damages of reliance loss, the conditions of Art. 390 should be met. Besides, the aggrieved party claiming damages on a reliance basis should not be put into a position better than that in which it would have been if the contract had been performed. In other words, the damages for reliance loss is limited by expectation loss. The loss suffered by the aggrieved party in excess of its expectation is suffered, not because the contract was broken, but because the contract was for him a bad bargain or the reliance loss in excess of expectation was not caused not by the breach of contract but by the its wasteful habits. However, the damages for reliance loss in excess of expectation loss could be awarded when they do not give the aggrieved party undue profit.

목차

Ⅰ. 서론

Ⅱ. 신뢰손해의 개념

Ⅲ. 채무불이행과 신뢰손해의 배상청구권

Ⅳ. 신뢰손해배상청구권의 요건에 관한 검토

Ⅴ. 결론

참고문헌