리스계약의 종료에 관한 고찰

Abstract

The economic activity boundary of human race has been expanded in quality and quantity. Otherwise, owing to human beings social technology and industrialization, the economic activity boundary which has been limited in domestic area has been extended abroad. It is the natural law that new dealing forms or occupations appear in development of human economies. As a result, leasing transactions in modern society, mechanization and industrialization, with the new commercial transaction form called lease will appear. The finance lease is identified, as “when a lessee needs new machinery and equipment etc., is lack of his own capital, a lessor in place of loan of purchase expense, purchases what the lessee wants lends what a lessor purchases for a certain terms the lessee can occupy use, get benefit and can be paid a certain charge” so to speak. Today’s leasing transaction is the system which is developed naturally by its need in time in the course of economic development. It has a short history, and is a new contract form which has no complete coincidence with the civil law model contract. Generally lease refers to the finance lease. In Korea especially this means, mainly that finance lease is executed, theoretic discussion and precedent concentrate on this. In treating this finance lease, the term of lease is used as finance lease here. In the paper, I will consider the legal relation of rights and duties, with regard to the efficiency of lease contract, the lessor and the lessee by describing one by one and consider the termination and the expiration of the finance lease contract, the restitution on the goods and the liquidation of the finance lease contract.