국제물품매매계약에 있어서 손해배상에 관한 법리

Purpose : The purpose of this paper is to examine the Rules of Law on Damages inthe Contracts for the International Sale of Goods. Research design, data, methodology : This paper uses the literature research and Casestudy as to the Rules of Law on Damages in CISG by comparing PICC and PECL. Results : In order to minimize commercial disputes that may rise afterwards, when drawingup a contracts for the international sale of goods, the specifics of agreement should be clearlystipulated. In case of a fundamental breach of contract, the parties should terminate thecontract and attempt to reduce the harm through substitute transaction or resale. A party whorelies on a breach of contract must take such measures as are reasonable in the circumstancesto mitigate the loss, resulting from the breach of contract. The party that claims the damages should specifically prove the fact or amount of damages, so itshould secure the proof documents or the evidences on the current price of substitute transaction. When the liquidated damage clause is included in the contract for easier compensations, theamount should be set appropriately not to exceed the actual amount of damages. It would bemore beneficial to agree an appropriate rate of interest for the liquidated damage. Conclusions : The parties of contracts for the international sale of goods should takerational measures for the insights and common sense of international business beforediscussing the legal issues of compensations, and it is required to prepare the contractsclearly as the basic reference to prevent and resolve commercial disputes.