earticle

영어

This thesis mainly focuses on, in case that the Seller breaches the sales contract, the limitationsof right todemanda claimfor damages, andthepractical 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 LDCand demand guarantee system, and to use themin 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 incase of forcemajeure, 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 LDCin sales contract. Even thoughthe LDCs areuseful tools toprevent theBuyer fromthe difficultiesmentioned above and to recover the damagesmore easily or to enforce performance, they also have a lot of problems and limitations. Finally, the author examined demand guarantee systemto supplement theweak points of LDC. However, any ideal proposalsmay beuseless if theSeller does not accept such proposals. Therefore, the success of persuasion, fromthe Buyer’s perspective, is to tally dependent upon the enhancement of negotiation power. Thus in the conclusionof this thesis, this author emphasizedthat 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.

한국어

매도인이 계약을 위반한 경우 매수인이 취할수 있는 구제방법은 위반의 정도에 따라여러 가지가있으나그중가장보편적으로사용되는것은손해배상청구권이다.하지만손해배상청구 권은 그 행사상에 여러 가지 어려움이 존재하며 이에 본 논문에서는 이러한 법적구제가 갖고 있는많은문제점과한계성을보완하기위하여당사자가계약시활용할수있는약정손해배상액 조항과이조항의효과를높이기위한청구보증제도를통하여수입리스크를예방하거나손해회복 을효과적으로할수있는구체적인방안과이를위한협상력제고방안을모색한다.