숙박계약과 원인미상 화재로 발생한 손해의 귀속문제 - 숙박 공유를 중심으로(대법원 2023. 11. 2. 선고 2023다244895 판결)

• 영문명: Problems with the attribution of damages caused by accommodation contracts and fires of unknown cause
• 발행기관: 충북대학교 법학연구소
• 저자명: 김유식(Yusik Kim)
• 간행물 정보: 『법학연구』第35卷 第2號, 191~212쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.12.31

국문 초록

In the case of accommodation contracts, there are similar circumstances to lease contracts, but it includes a number of factors different from ordinary lease contracts, so the scope and application of the lease-related laws to accommodation contracts should be determined individually in consideration of their specificity. In other words, the Supreme Court judges that the distribution of the burden of proof can be different even if the accommodation contract is similar to the lease contract, as there is a difference in the nature of the contract as to which of the parties to the general lease has “control of risk”. If so, it is necessary to examine whether the above discussion can be applied to accommodation sharing in the sharing economy. Although accommodation sharing advocates a sharing economy, in reality, it raises various social and legal problems as there are many similar aspects of business with existing operators such as lodging companies. Therefore, it is necessary to review the legal nature of the contract between the host and the user of accommodation sharing and to proceed to solving legal problems arising between the host and the user. There are views on the legal nature of contracts between hosts and users in accommodation sharing as lease contracts, which are typical contracts under civil law, as accommodation contracts concluded by public hospitality providers, and as lease-like contracts for temporary use. Considering the intention to sign a contract between hosts and users, who are parties to the contract, the fact that they set up relatively short-term use and proceed to the contract, and the difficulty of interpreting it as a typical contract, a lease contract, or an accommodation contract, it is reasonable to define it as similar to a lease contract for temporary use.

목차

Ⅰ. 사안의 개요와 대상판결의 요지

Ⅱ. 대상판례 연구

Ⅲ. 결론

키워드

공유경제 숙박 공유 숙박계약 숙박중개플랫폼 위험영역설 Sharing economy Accommodation sharing Accommodation contract Airbnb Proof Distribution

참고문헌

• 박영사
• 박영사
• 財産法硏究
• 서울대법학
• 경쟁법 연구
• 원광법학
• 저스티스
• 외법논집
• 비교법연구
• 민사법학
• 외법논집
• 법학논총
• 강원법학
• 소비자법연구
• 관광학연구