미국 통일상법전(UCC)상 매도인의 추완권

The Seller's Right to Cure in the Uniform Commercial Code

If the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may reject the goods. This is so-called the perfect tender rule under the common law. Rejection of goods must take place within a reasonable time after their delivery or tender. Under the Uniform Commercial Code (UCC), however, the seller generally has a right to cure, or fix the problem, when the goods or delivery under a contract fails to meet the specified contract terms. The issue, in effect, is whether the injured party must mitigate its harm by continuing to deal with the breaching party. This paper analyzes how the UCC has attempted to treat seller's right to cure. Also, it intends to study on the American Cases which dealt with seller's right to cure under the section 2-508 of UCC. Comparing with CISG and Korean law, finally, it attempts to provide an academical implication.