국제물품매매에서 매수인의 손해배상청구권의 한계와 그 대처방안에 관한 연구

Abstract

This thesis mainly focuses on, in case that the Seller breaches the sales contract, the limitations of right to demand a claim for damages, and the practical use of liquidated damage clauses(LDC) and the demand guarantee system. The purpose of this thesis, from the Buyer’s perspective, is to understand the importance of LDC and demand guarantee system, and to use them in contracts positively and actively. For these purpose, the author analyzed and examined the difficulties or obstacles in resorting to the right to claim damages such as unclearness of damage scope because of foreseeability limitation, difficulties in proving the damage amount, the possibility of exemption of liability in case of force majeure, and difficulties and/or obstacles in exercising complex procedures for the resolution of disputes or in enforcing the decision or the award actually. To overcome the above difficulties, this thesis suggested the practical use of LDC in sales contract. Even though the LDCs are useful tools to prevent the Buyer from the difficulties mentioned above and to recover the damages more easily or to enforce performance, they also have a lot of problems and limitations. Finally, the author examined demand guarantee system to supplement the weak points of LDC. However, any ideal proposals may be useless if the Seller does not accept such proposals. Therefore, the success of persuasion, from the Buyer’s perspective, is to tally dependent upon the enhancement of negotiation power. Thus in the conclusion of this thesis, this author emphasized that the long-term contract which secures the stable purchase in the future, inducement of joint-venture to the Seller and the establishment of manufacturing facilities in order to export the imported goods again after processing may be good inducements or merits to enhance the Buyer’s negotiation power against the Seller.