금융리스계약에서 리스물건의 위험부담에 관한 고찰

Today, Financial Lease has become common and the unique rules which was created, associating with Financial Lease, has systemized to become Commercial Customary Law. Therefore, Part 12 of Amendment of the Korean Commercial Law has been newly created, establishing specific provisions related to Financial Lease and has been enforced since 2010. However, the legislation only contained limited parts of Financial Lease. Furthermore, unlike common lease, Special Contract such as Warranty Exemption and Liability for risk conversion of Goods are used by Lessor to secure rents and there are no directly regulations related to this matter. The civil law provision related to Lease Good's liability for risk, which is one of Special Contracts of Financial Lease Contracts, is a non-mandatory provision. Hence, on the Financial Lease Contract, without exception, when leased goods are lost, damaged or stolen by force majeure during lease contract period, by principle it is specified, lease user losses benefit of time and have to pay the Lessor the remainder or pre-agreed stipulated loss value. Consequently, this report has risks for the lease user.