채무불이행에 의한 손해배상의 범위

The debtor must compensate for damages resulting from non-performance unless he or she can prove that he or she is not in fault. However, in the case of non-performance due to negligence rather than intent, the debtor may also have suffered damage due to an unfortunate accident, so it is difficult to say that unlimited compensation is granted. The question is whether the debtor can be held liable for special damage to the creditor that the debtor becomes aware of after the debt arises. When making decisions about contract, the debtor will also consider the amount of damages that will occur in the event of non-performance, and will try not to participate in such transactions or activities if the amount of compensation may become too large for the debtor to bear. Even if the debtor participates in this, he or she will try to reduce his or her burden by inserting necessary provisions into the contract to prepare for damages. If there is a possibility that special damages may occur, the creditor also needs to notify the debtor of this as much as possible and allow the debtor to take this into account when making decisions regarding the contract and prepare for the occurrence of such damages. Non-performances due to intent or gross negligence must be viewed differently. If the debtor fails to fulfill his obligations intentionally or through gross negligence even though he was aware of the special damages after entering into the contract, it is necessary to make him pay compensation for the damages. Intent is more liable to blame than negligence, and exempting compensation for special damages may cause moral hazard to the debtor. Gross negligence can be evaluated in the same way as intent, taking into account the fact that it is not easy to prove intent. In light of this, it is appropriate to modify Article 393 of the Civil Act regarding the scope of compensation as follows: Code Civil Article 393 (Scope of Compensation for Damages) ① The debtor must compensate for ordinary damages resulting from non-performance. ② The debtor is liable for compensation for damages resulting from special circumstances only if the debtor knew or could have known of the circumstances at the time the debt was established. When a debtor does not perform an obligation intentionally or through gross negligence, the debtor is also responsible for compensating for damages that he knew or should have known about at the time of the non-performance.