매매목적물의 하자(계약적합성) 판단기준 - 독일민법 제434조 제1항의 해석을 중심으로 -

Unlike the EU Consumer Goods Sales Directive or the German Civil Code, the Korean Civil Code does not have a provision on the concept of defective goods in contracts of sale.There is still a need to clarify the criteria for determining the fault of an object and the priority among the criteria.It is necessary to amend the Civil Code to supplement objectively with objective standards such as the EU Consumer Goods Sales Directive or the German Civil Code and to apply subjective criteria first. If the seller explained or presented the contents of the advertisement or labeling items to the consumer at the negotiation stage of the sales contract, this is an agreement on the contents of the contract. Therefore, the seller can determine whether the defect is based on subjective judgment criteria. In some cases, subjective defects may be recognized as implied agreements, even if they are not directly addressed in the conclusion of the contract of sale. If there is no implied agreement, it may be judged by objective criteria. For example, if the consumer can be seen as having reasonable expectations about the characteristics of the goods through the content of the advertisement, such content may be the basis for determining the presence or absence of defects. Today, consumers are exposed to advertising through a variety of media that have a significant impact on their purchasing decisions. Therefore, if the advertisement or product labeling is made by the manufacturer of the goods or by the advertisement agent of the manufacturer, such as the EU Consumer Goods Sales Directive or the German Civil Code, it is necessary to provide the seller with responsibility for defect guarantee.