금융리스계약의 중도 해지에 있어서 공급자의리스물건 재매입 특약에 관한 고찰- 대법원 2012. 3. 29. 선고 2010다16199판결(공2012상,639) -

Abstract

Financial leasing of today is universal worldwide. And, new legislation which is uniquely generated from finance lease area is organized in commercial customary law. Thus, in order to protect and regulate the parties to a transaction, the amendment of the Korean commercial law newly created a financial lease service in the chapter 12. The amendment of the Korean commercial law have established specific provisions concerning a financial lease and enforced them since November 2010. However, the limited part legislation of the finance lease in the amendment of the korean commercial law was accepted. When Financial Lease Contract is terminated, the financial leasing company makes a agreement of Stipulated Loss Value that can not be seen in any other transaction conservation regulations as a way of preservation of claim in order to receive warranty of claim recovery about total amount of rent. On the other hand, when Financial Lease Contract is terminated, the Lessor can make a agreement of repurchase of the same amount in leased goods. Therefore, this paper examined the basic structure, the legal characteristics, the principle of liability for risk on the current private law and the effectiveness of the special agreement concerning conversion of liability for risk in a financial lease contract. And subsequently examined liability for risk of the lessee concretely.