국제물품매매계약에서 계약위반 시 구제수단의 선택에 관한 연구: 대금감액과 손해배상을 중심으로

The Selection of Remedy against the Breach of the Contract in the International Sale of Goods: Focused on Price Reduction and Damages

Purpose - The aim of this research is to analyze that remedies are appropriate for the buyer to choose in case of a seller’s breach of contract in the international sale of goods. Design/methodology/approach - This research is used in analyzing the literature review and the domestic and foreign legislation for legal research related to remedies. In addition, through the judicial precedents of the courts of each country, we tried to establish the basis for applying the remedies. Findings - We can find the primary features that determine utility between price reduction and damages by the several valuation criteria as follows: if a valuation criteria agrees to the governing law, supports the price fluctuations in market, secures the certainty of implementation, works efficiently, and maintains transaction relationship. These valuation criteria allow the buyer to make a highly useful choice between price reduction and damages. Research implications or Originality - Both price reduction and damages deserve comparison; both can provide the monetary rewards to the buyer and their operations can be functionally equivalent. And the principle of price reduction has established in the Continental Law, and compensation for damages has been primarily embodied in Common Law, therefore there are remarkable differences between price reduction and damages. The buyer should select the most efficient means for compensation under the dispute, as the contract was made for the purpose of the profit-making and its maximization.