계약이론사에서 신뢰이익 배상과 지출비용 배상

The concept of expectation interest in contract damage is used to calculate damages for all cases in which the contract has been effectively concluded but the other party has not performed it as agreed or in which the contract not been made. Then, there exists a fundamental problem with the concept that the expectation interest is based on an unclear assumption. In other words, the reimbursement of expectation interest relies on a purely hypothetical calculation. One of the alternatives being mobilized in place of the reimbursement of expectation interest is the compensation of reliance interest or the compensation of reliance expenditure. The compensation of reliance interest means that being reimbursed for loss caused by reliance on the contract by being put in as good a position as the party would have been in had the contract not been made. And the reliance interest is often calculated as the expenditures made in preparation for performance or in performance. On that account, the compensation of reliance interest and the compensation of reliance expenditure are frequently used as a synonym. However, the reliance interest and the reliance expenditure are not essentially the same. The reliance interest and reliance expenditure are linked through the factor of reliance included in all the contracts. Therefore, there may be differences in the rationalization and recognition of reliance damage calculation, depending on how the civil law or common law links the reliance interest and the reliance expenditure. As like as not, in these days, Korean civil lawyers confront conceptual confusion between the law of the reliance expenditure under the article 284 of German Civil Code and the law of damages based on reliance interest under the American Common Law. This article is going to examine the process of developing the concepts of the reliance interest and the reliance expenditure in order to get rid of the confusion.