일의 完成 前 都給人의 契約解除와 損害賠償 (A Study of the Rescission of Person who Ordered Work Before Its Completion and Calculation of Damages)

서지정보

· 발행기관 : 성균관대학교 법학연구원
· 수록지 정보 : 성균관법학 / 19권 / 3호 / 729 ~ 752페이지
· 저자명 : 이우진

초록

The purpose of this study is analyze that the Right of Rescission of Person who Ordered Work Before Its Completion.
Korean Civil Law §673 regulates that before the completion of the contracted work, the person who ordered the work may rescind the contract at any time, but shall be liable for damages. Several foreign countries have the similar effect article that §649 of German Civil Law, §1794 of French Civil Law, §377 of Swiss Obligation Law and §641 of Japanese Civil Law.
Supreme Court Decision of Korea "2000Da37296, 37302 Delivered on May 10, 2002" is the first decision that is based on Article 673 of Korean Civil Law.
The first summary of this study is when a contract for work is terminated under Article 673 of the Civil Law, it is impossible for the person who ordered work to plead the reduction of the amount of compensation or liquidated damages on the basis of the contractor's fault or contributory negligence.
The second summary of this study is when a contract for work is terminated under Article 673 of the Civil Law, the benefit accrued to the contractor as a result of the termination of the contract must be deducted in calculating the damages.
When a contract for work is terminated pursuant to Article 673 of the Civil Law, the profits which the contractor has made by using his resources or efforts which became available due to the termination of the contract, or would thus have been able to make(but did not due to his or her laziness or neglect), or could make by utilizing the materials no longer needed due to the termination of the contract in some other uses or by selling them must necessarily be deducted from the amount of compensation.
The relating arguments in Germany, Japan is introduced and studied for the comparison with Korean arguments.

영어초록

The purpose of this study is analyze that the Right of Rescission of Person who Ordered Work Before Its Completion.
Korean Civil Law §673 regulates that before the completion of the contracted work, the person who ordered the work may rescind the contract at any time, but shall be liable for damages. Several foreign countries have the similar effect article that §649 of German Civil Law, §1794 of French Civil Law, §377 of Swiss Obligation Law and §641 of Japanese Civil Law.
Supreme Court Decision of Korea "2000Da37296, 37302 Delivered on May 10, 2002" is the first decision that is based on Article 673 of Korean Civil Law.
The first summary of this study is when a contract for work is terminated under Article 673 of the Civil Law, it is impossible for the person who ordered work to plead the reduction of the amount of compensation or liquidated damages on the basis of the contractor's fault or contributory negligence.
The second summary of this study is when a contract for work is terminated under Article 673 of the Civil Law, the benefit accrued to the contractor as a result of the termination of the contract must be deducted in calculating the damages.
When a contract for work is terminated pursuant to Article 673 of the Civil Law, the profits which the contractor has made by using his resources or efforts which became available due to the termination of the contract, or would thus have been able to make(but did not due to his or her laziness or neglect), or could make by utilizing the materials no longer needed due to the termination of the contract in some other uses or by selling them must necessarily be deducted from the amount of compensation.
The relating arguments in Germany, Japan is introduced and studied for the comparison with Korean arguments.

참고자료

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