CISG상 매도인의 도래된 이행의무의 위반에 따른 매수인의 이행정지권에 관한 연구

The right to withhold performance is a useful and important self-help remedy. It protects the buyer from exposing itself to the risk of not receiving anything in return for what it has performed where the seller failed to fulfill his contractual obligations. There are two scenarios in which the buyer exercises the right to withhold performance. The first scenario is where a seller is already in breach of his obligations. In the second one, circumstances may lead a buyer to believe that the seller will commit a breach in the future. Most of the previous studies have centered around the second scenario, namely the right to withhold performance regarding a anticipatory breach of contract. Thus, this study aims to limit its scope to the buyer's right to suspend its performance against the seller's actual non-performance under United Nations Convention on contract for the international Sale of Goods (CISG). Therefore, this study will first look at the legislative precedents of CISG, CESL, PICC and DCFR, secondly review regulations and theories regarding the buyer's right to suspend performance where the seller fails to fulfill the obligations under CISG and specifically consider the functions, requirements, methods and effects of the suspension of performance. Furthermore, on the basis of this study, we would like to provide practical and legal considerations and implications.