중국 법원의 국제물품매매계약에 관한 국제연합 협약(CISG) 적용에 관한 연구 －전형 사례와 관련 쟁점－

This paper selects and introduces four representative cases among those in which Chinese courts have applied the United Nations Convention on Contracts for the International Sale of Goods (CISG): First, the only CISG-related case included in the Guiding Cases issued by the Supreme People's Court of China; Second, the first case listed among the Supreme People's Court’s “Model Cases on the Application of International Treaties and International Usages in Foreign-related Civil and Commercial Matters”;Third, a recent and widely noted case constituting the first judgment rendered by the Shanghai International Commercial Court; and Forth, a recent case involving a Korean party, notable for its relatively well-articulated legal reasoning. Based on these representative cases, the paper extracts the key issues of private international law and substantive law raised therein, and provides a more in-depth analysis within the framework of Chinese domestic law. At the level of private international law, the discussion covers the priority of applying the CISG, the exclusion of its application, and the filling of gaps. At the substantive law level, it examines the requirements and effects of fundamental breach of contract under the CISG, as well as the principles for calculating damages. Through these analyses, this paper aims to enhance Korean readers'understanding of how Chinese courts apply the CISG and the corresponding knowledge of Chinese domestic law, thereby contributing to the smooth resolution of international sales contract disputes between China and Korea.