국제거래에서 판매점계약(Distribution Agreement)의 판매자의 보상청구권에 관한 비교법적 고찰
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The distribution agreement is broadly used in many areas of business. The nature of it is very similar to the agency agreement in that both agreements functionally have the same purpose of establishing vertical relationships between the parties to the agreements. However, while Section 92(2) of the Commercial Act grants the agency a right to compensation against the principal upon termination of the agency agreement, there is neither legislation nor case law with regard to the distributor’s right to compensation. Under the above circumstances, this article discusses whether the distributor’s right to compensation may be recognized. In order to discuss such an issue, this article first analyzes whether the distributor’s right to compensation is recognized in other countries, especially developed countries, inter alia, Belgium, Germany, Switzerland, Spain and France including PEL CAFDC and the ICC Model Distributorship. Belgium has its own law regarding the distribution agreement;, however, other European countries do not have such laws. Instead some European countries recognize the distributor’s right to compensation in the case law by applying the agency laws to the distribution agreement by analogy. On the contrary, French courts have denied the distributor’s right to compensation. In this regard, the later part of this article is focused on the possibility of applying Section 92(2) of the Commercial Act to the distribution agreement by analogy.
Abstract
The distribution agreement is broadly used in many areas of business. The nature of it is very similar to the agency agreement in that both agreements functionally have the same purpose of establishing vertical relationships between the parties to the agreements. However, while Section 92(2) of the Commercial Act grants the agency a right to compensation against the principal upon termination of the agency agreement, there is neither legislation nor case law with regard to the distributor’s right to compensation. Under the above circumstances, this article discusses whether the distributor’s right to compensation may be recognized. In order to discuss such an issue, this article first analyzes whether the distributor’s right to compensation is recognized in other countries, especially developed countries, inter alia, Belgium, Germany, Switzerland, Spain and France including PEL CAFDC and the ICC Model Distributorship. Belgium has its own law regarding the distribution agreement;, however, other European countries do not have such laws. Instead some European countries recognize the distributor’s right to compensation in the case law by applying the agency laws to the distribution agreement by analogy. On the contrary, French courts have denied the distributor’s right to compensation. In this regard, the later part of this article is focused on the possibility of applying Section 92(2) of the Commercial Act to the distribution agreement by analogy.
참고문헌 (22)
- 석광현, "국제사법과 국제소송 제4권" (2007), 박영사
- 이태희, "국제계약법" (2001), 법문사
- 한국수출입은행, "영문국제계약해설, 한국수출입은행", ~ (2006)
- ICC, "The ICC Model Distributorship Contract: Sole Importer-Distributor" (2002), ICC Publishing, Inc
- Dennis Campbell, "International Agency and Distribution Law" (2007), Lulu.com
- Martijn Willem Hesselink, "franchise and distribution contracts: (PEL CAFDC)" (2006), european law publishers
- Van Bael, Bellis, "Business Guide to Belgium" (2003), Kluwer Law International
- 심재한, "특약상의 보상청구권", 경영법률, 12 (2001), 한국경영법률학회
- 정동윤, "대리상의 보상청구권. in: 제남강위두박사화갑기념상사법논총, 상권" (1996), 형설출판사
- 김정호, "대리상의 보상청구권. in: 상법거래의 이론과 실제, 석영안동섭교수화갑기념논문집간행위원" (1995), 세창출판사
- 이철송, "대리상의 보상청구권", 고시연구, 6 (1996), 고시연구사
- 윤남순, "유럽연합 대리상법", 상사법연구, 17(1) (1998), 한국상사법학회
- Joost Everaert, "Termination of Distribution Agreements with Belgian Distributors", I.C.C.L.R., 2(5) (1991)
- Ulf Wauschkuhn, "The Distributor’s Compensation Claim under German Law", I.C.C.LR., 8(4) (1997)
- Laura Poncela, Spain, "Commercial Contracts-Distribution Agreements", I.C.C.L.R., 16(4) (2005)
- "Spain: Commercial Contracts - Distribution And Agency Agreements", I.C.C.L.R., 13(12), pp.Sonia Cortes~ (2002)
- Carl Svernlov, "Agency and Distribution in Sweden", I.C.C.L.R., 5(11) (1994)
- Roger Marquilles, "Spain: Contract-Distribution Agreements", I.C.C.L.R., 15(7) (2004)
- Distribution Law in the European Union, ALI-ABA Course of Study, "Paul H. Vishny", ~
- "Fundamentals of International Business Transactions"[URL]
- Indemnity for Goodwill and Termination of Distribution Contracts under Swiss Law, "Micha Bühler", ~, pp.Walder Wyss & Partners NewsLetter No.79 (2008)