블랙컨슈머의 하자 주장에 대한 매도인의 권리 보호 - 하자담보책임과 소송상의 대응방안을 중심으로 -

The Korean Civil Law stipulates liability for non-performance of contract obligation between consumers and sellers, while separately stipulating warranty liability. Academic research on warranty liability has supplemented theories and systems so far, focusing on protecting the rights of buyers. However, the protection of the seller's rights was neglected in the matter of defect judgement. This study reviewed the concept and judgement standards of defect, Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees and the United Nations Convention on Contracts for the International Sale of Goods(CISG) on the Relationship with the Concept of Non-Conformity of Contracts and articles 580 and 581 of the Civil Law and 69 of the Commercial Act related to special rules on commercial trading. In particular, consumers who seek illegal gains through unfair lawsuits, such as malicious consumers or black consumers who demand excessive compensation with forced claims even though there is no defect in the product, are also a factor that hinders the development of SMEs regardless of the quality improvement of their products. It studies the legal response methods of business operators to these evil consumers or companies which claim defects and engage in unfair tyranny without a rational reason.