소비자계약의 해제시 사업자의 통상의 손해

• 영문명: Ordinary damages of supplier in the event of rescission of the consumer contract
• 발행기관: 한국민사법학회
• 저자명: 최명구(Choi, Myung Gu)
• 간행물 정보: 『민사법학』제44호, 323~349쪽, 전체 27쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2009.03.31

영문 초록

This paper is about ordinary damages of supplier in the event of rescission of the consumer contract. The purpose of this paper lies in the study of the meaning, the range, and the proof of ordinary damages in the event of rescission of the consumer contract. References for the study are made from the related papers in South Korea and Japan. This paper is composed in the following orders: Firstly, I have researched on the meaning of ordinary damages on the rescission of general contracts and the scope of compensation for damage in the even of rescission of the consumer contract law based on § 399 of civil act, § 9 of installment transactions act, § 19 of act on the consumer protection in the electronic commerce transactions, etc. and § 10, §19, § 30 of door to door sales, etc. act - the related consumer contract law, the scope of compensation for damage by non-performance on contract is stated in § 389 of civil act no greater than the ordinary damage, and thus, the ordinary damage of the supplier in the even of rescission of consumer contract is the same concept as the ordinary damage on the civil act, but can be interpreted differently on the scope because of the unique characteristics of consumer contracts. Secondly, enactment process of consumer contract law, contents and legal status of § 9 ① of consumer contract act and related problems has been inspected to look into in the average damage in the event of rescission of consumer contract in Japan. Especially, the meaning of average damage has been inspected and examined in relation with § 426 civil act in Japan in the chapter. In addition, study has also been made in the characteristics of average damage and recovery in the even of 해제 of consumer contract law through enactment process. One different point in Japan from South Korea is that consumer contract law is enacted and enforced. Third, with one judicial precedent in Japan district court, I have looked into “real relationship the summary of case and made the comment of case. The average damage occurs when the same kind of a consumer contract against many and unspecified consumers is rescinded and therefore, is similar in the meaning, but different in scope with the ordinary damage of the civil act. Lastly, research has been made on the meaning, the scope, and the proof step of the ordinary damage of the supplier based on the consumer contract law, and the proposition has been made on the need of the unification of related articles, and the enactment of the one unified consumer contract law encompassing other consumer contracts. In addition, comment has been made on the regulations on the scope of the ordinary damage of the supplier based on the laws to be established, and the necessity of the enforcement of the regulations.

목차

Ⅰ 들어가며

Ⅱ. 일반계약의 해제시 통상의 손해의 의미와 소비자계약의 해제시 손해배상범위

Ⅲ. 일본 소비자계약의 해제시 평균적 손해의 의미

Ⅳ. 평균적 손해에 대한 일본 판례

Ⅴ. 소비자계약의 해제시 사업자의 통상의 손해

Ⅵ. 맺음에

참고문헌

키워드

통상의 손해 소비자계약 계약해제 손해배상 평균적 손해 원상회복 ordinary damage consumer contract rescission of contract compensation for damage average damage restitutio in integrum