금전채무불이행으로 인한 손해배상 - 변동이율제, 중간이자 공제, 복리 및 추가배상에 대한 검토를 중심으로 -

Due to its high liquidity and intrinsic exchange value, a pecuniary obligation is treated differently from general obligations for damages: upon non-performance, abstract damages equivalent to the statutory interest rate are recognized without the need for specific proof. However, the fixed statutory rate of 5% per annum, which has been maintained for more than sixty years under the Korean Civil Code, is rigid and increasingly detached from the actual losses incurred in financial transactions. It is therefore urgent to replace it with a variable statutory interest rate system. Nevertheless, in adopting such a system, care must be taken to prevent practical miscalculations and to ensure accurate assessment of compensation. In particular, where present value is ordered by deducting interim interest, the rate used for such deduction should also apply to default interest, so that accurate compensation is not sacrificed for mere administrative convenience. Furthermore, although many jurisdictions restrict compound interest or allow capitalization under certain conditions, in Korea the general principles of non-performance of pecuniary obligations should apply, with review under the Interest Limitation Act to ensure that interest is neither unfair nor excessive. Finally, where the creditor can prove that losses exceeding the statutory rate have occurred due to default, such additional damages should be recoverable. The scope of recovery, however, should follow Article 393 of the Civil Code rather than introducing new requirements such as intent or gross negligence.