국제물품매매협약을 적용함에 있어서 몇 가지 문제점(계약의 성립 및 해제 등) - 서울 고법 2012.7.19.선고 2012나59871판결을 중심으로 -

Abstract

United Nations Convention on Contracts for the International Sale of Goods (hereinafter ‘CISG’) was enacted by UNCITRAL in 1980. The CISG came into effect on January 1, 1988. As of July 29, 2015, 83 countries have become parties to the CISG. In early stages of the CISG, there have been a lot of scepticism regarding the success of the CISG as a international uniform law for the International sales contract. Nowadays, the number of contracting states have been gradually increased. Most of the developed countries except England have become parties to the CISG. Since the CISG has come into effect, so many decisions and arbitral award have reported to relevant sites. The decisions of Korean courts applying the CISG, however, are relatively small less than twenty so far. We can find the decision Korean Supreme Court in 2013. This article is designed to contribute the way how the Korean courts should approach and apply the CISG. In this sense, this article introduce and review one decision of Korean high court. In 2011, there was a article which has dealt 13 decisions of Korean courts. I am sure that this kind of efforts will be increase keeping the new decisions of Korean court. I reviewed the attitude of the Korean high court rather than individual issues. In this case, the Korean high court shows their familarity with the CISG. Among other things, I want to make a comment regarding Art. 19 of the CISG. Para. 1 of Art 19 of the CISG provides that offer and acceptance should be identical. However, when there is a non-material discrepancies between offer and acceptance, contract could be formed. Para. 3 of the Art. 19 of the CISG enumerate the causes of material discrepancies. even though the discrepancies belongs to the causes provided in Art.19, we should consider relevant circumstance to decide to be material. When the courts held that those cause are not material, the court should mention the reason why those causes are not amount to material one. Now is the time to introduce the Korean court’s decision and the result of research regarding the CISG.