금융리스계약의 하자담보책임 귀속문제

As three parties are involved in financial lease transaction, it is necessary to protect the rights and interests of all of three parties, in order to secure and invigorate lease transaction. However, in financial lease, a lease contract is entered into between lessee and lessor and a sales contract is entered into between lessor and supplier, whileas no contract is entered into between lessee and supplier, which results in insufficient protection of lessee in effect, due to no direct contractual relationship between lessee and supplier. In this regard, this study addresses the question: "When the leased goods are defective, can the lessee hold the lessor responsible for that or hold directly the supplier responsible for that? If the lessee can hold directly the supplier responsible, what is its legal basis?"What is the most fundamental and important in discussing the financial lease contract by law, is to examine the validity of lease clauses. To this end, in this study is examined clauses of lease contract and foreign legislation cases regarding the stance on the validity of exemption clause according to the legal nature of lease contract, and looked into lessor's supplementary responsibility for warranty against defects. Also is examined theories and precedents related to supplier's responsibility to lessee.