締結解除와 損害賠償

Rescission and Compensation for Damage in Breach of Contract

Once contract is rescinded, each contract party becomes free from the binding of contract and if the obligation is performed, each should return their taking to the previous circumstances. But. even if a contract rescission makes the obligation to the previous circumstances, there can not be enough to restitute damages each party has had. The article 551 in Korean civil law demonstrates about this that rescission and compensation for damage can be co-existed saying "rescission does not affect compensation for damage", In this paper, legal issues related to compensation for damage were researched in the case of rescission of contract. Firstly, The article 551 in Korean civil law permits both rescission and compensation for damage concurrently, so the explanation of both has been discussed. Therefore, the institutional meaning of compensation for damage regulated by the effect of rescission was researched in the aspect of the legal history. Secondly, Korean civil law does not regulate the condition of rescission and compensation for damage consistently, so it has been discussed so much that what compensation for damage means and what the regal characteristics it has in article 551. Therefore, the legal characteristics of compensation for damage regulated in article. 551 was researched in the critical view of traditional discourse of the majority. Thirdly, the issue how compensation for damage should be ranged can be caused, if the characteristics of compensation for damage authorized by rescission may be regarded as clearance of contract. The recent cases in korea are inclined to approve the reliance interest form the expectation interest. Therefore, in this paper, the basis and range of the reliance interest was researched in the aspect of legal theory.