몽골에서 계약상 의무 불이행으로 인한 손해배상의 범위에 관한 문제 — 환율 변동으로 인한 손실을 중심으로 —

In Mongolia, although the law specifies the types of damages resulting from breaches of private law contracts, it is common in judicial practice for the injured party not to receive compensation. In particular, the inconsistent treatment of certain damages, such as failing to recognize losses caused by currency exchange rate fluctuations as property damages, created situations where the rights of the injured party are not fully restored. By defining the types of damages arising from contract breaches inconsistently, legal uncertainty arises. On one hand, this results in the injured party’s violated rights not being restored, while on the other hand, it creates conditions for the breaching party to be unjustly enriched. A case analysis of how damages resulting from breaches of contractual obligations are defined shows that losses caused by currency exchange rate fluctuations are not based on theoretical or methodological principles but are instead assessed subjectively. The basis for compensating losses from currency exchange rate fluctuations, considered as damages, has been defined through fault, causation, and foreseeability, establishing that these losses are a recoverable type of damage. Therefore, it is concluded that legal uncertainty must be eliminated and consistency in the application of the law must be maintained.