건축물의 하자와 도급인의 위자료청구권 - 일본 판례의 분석을 중심으로

• 영문명: The Defect of Building and Consolation Money Claim of Contractor - Focusing on the Analysis of Precedent in Japan -
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 송영민(Young-Min Song)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(상), 607~636쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.29

영문 초록

  This thesis examines the problems about a contracting contract, and futhermore a consolation money claim in a building contracting contract on the basis of whether the consolation money claim is admitted or not in case of an obligation default.
  In detail, this thesis studies that employer could claim a damage compensation for mental anguish as well as for property as a defect mortgage responsibility in case there are leakage, cracked, inclined, sinkage, and so on in the building which the contractor has contracted, and also investigates, which factors make the consolation money admitted, that is, the consideration reasons and calculation factors for calculation the consolation money.
  According to the precedent, It is generally accepted that the employer’s mental anguish could be recovered by requiring the defect or compensating the damage equivalent. However the damage through defect building, especially defect house, has a special characteristic that could not be solved by recovering its property value, and also it could be mental shock to orderer or buyer by frustrating dreams they want to have their own house, simultaneously.
  It is also infringement on calm, comfortable and safe inhabitation, furthermore the damage is serious and continuous.
  The damage of defect house could not be recovered only by compensating the property because the defect house infringe the personal profit and life profit.
  Futhermore, If there is negligence in the process of construction or supervision, it is considered to be infringement and obligation default.
  It would be factors of in creasing consolation money in case of being problem in response denying the defect and avoiding the responsibility as temporary compensation with negligence the process of construction.
  In this reason, negative theory of consolation money that moral anguish could be recovered only by compensating property including repairing money, rebuilding cost, and more cost has basically problems.
  In general, the recovery of property damage only legal effect to be realized and considered naturally as a orderer or buyer who has the right to acquire the perfect house, thus the consolation money should be increased in case of extension of damage and malignancy of infringement.
  The defect house damage would be infringement of safe and comfortable inhabitation right and breaking the dreams, so it is necessary to set up the damage theory appropriate to the lawsuit.

목차

Ⅰ. 서론
Ⅱ. 채무불이행에서의 위자료청구권의 인정법리
Ⅲ. 일본의 도급건축물의 하자로 인한 위자료청구권
Ⅳ. 결론
【참고문헌】
[Abstract]

키워드

건축도급 위자료청구권 도급계약 채무불이행 결함건축물 하자담보책임 Building Contract Consolation Money Claim Constructing Contract Obligation Default Defect Building Defect Mortgage Responsibility