금융상품의 불완전판매에 관한 구제 법리 연구- 하자담보책임법리의 적용을 중심으로 -

Art. 580 or Art. 581 (hereinafter, Art. 580) of Korea Civil Act provide liability for warranty against defect in the subject-matter of a sale. Liability for warranty against defect is one of the methods for protecting the buyer against the breach of contracts for value including sales. So far, there has been no court ruling which applies Art. 580 to the incomplete sale of financial product, although the provision of Art. 580 seems to be used in the literal sense with the modern trend of broadly interpreting the meaning of defect in this article. The classic examples of incomplete sale of financial products can be said to selling these products to general unsophisticated buyers without obeying the principle of suitability or duty to explain. Recent judgments by lower courts are more emphasizing the importance of these obligations in the sale of complicated financial products. Even if the buyer can use either tort liability or liability for non-performing obligation to claim damages from defect, the liability for warranty against defect has some merit. First, the buyer doesn't have to prove the seller's responsibility in relation with Art. 580. Secondly, the buyer may even rescind the sale contract when the objective of the contract is not unattainable due to defect. However, the buyer should be unaware defect in the subject-matter without his negligence. Therefore, this paper analyzes the possibility of applying Art. 580 to the sale of financial product and it also proposes the revision direction of this article.