유럽공통매매법상 손해의 개념과 손해배상 및 예견가능성

The Common European Sales Law is applied to contracts between a business and a consumer or between a business and a small- and medium-sized business. Its objects include moveable assets that are product trading contracts, digital content, and service contracts. One of core legal conflicts between the parties in the applicable fields of the Law is nonfulfillment of a contract and resulting compensation for damage. This study thus set out to examine the concept of damage as a regulation of the compensation for damage principle, the types of damage by default and compensation for damage, and the limitation of foreseeability in the Law. Since the Law is on the extension of CISG, UNIDROIT PICC, PECL, and DCFR that are unification works in the Civil Contract Law, their provisions and interpretation content serve as the criteria of comparison in the interpretations of the Law. In the Law, damage is divided into economic and non-economic damage. The scope of non-economic damage covers physical pain(agony) and mental pain and excludes obstacles to quality of life and loss of pleasures. In reality, however, it is still extremely difficult to distinguish admissible non-economic damage from inadmissible non-economic damage in its interpretations. There are no detailed provisions about the concept of economic damage, but it usually covers the damage of the future when a debtor is foreseeable. Its scope thus encompasses the loss of income or profit, induced burden, and reduction of property value. The Law takes the principle of complete compensation as the principle of compensation for damage by default and includes even the damage lost by a creditor and profit missed by him or her. The Law also stipulates the principle of foreseeability, which restricts the liability for damage by a debtor's default to the damage that the debtor foresees or is expected to foresee at the conclusion of a contract. The Law has no provisions about the exclusion of foreseeability by intention or gross negligence. One of the important interpretation criteria in the application of the foreseeability principle is the certainty of damage, which demands that the occurrence of damage should be rationally certain. In the Civil Law of South Korea, the current structure of liability for damage is in the form of comprehensive provisions applicable both to legal acts and legal claims. The unification works of contract laws including the Common European Sales Law have some implications for the Civil Law of South Korea including the one that it can serve a comparison guideline for more specific and classified interpretations in the issues of compensation for damage by default and will offer some guidance for future revision with more specific and classified provisions.