한국법원의 국제물품매매협약(CISG) 재판례(2021-2024)(II) －협약 제3편 중 물품부적합과 계약해제에 관한 재판례의 소개와 해설－

This article classifies and analyses 23 court decisions delivered by Korean courts between April 2021 and December 2024 that applied the United Nations Convention on Contracts for the International Sale of Goods (CISG), with a particular focus on non-conformity of goods and avoidance of contracts under the CISG. 14 significant judgments that offer substantive interpretations of the CISG are examined in detail. The article discusses decisions that affirmed and denied the existence of non-conformity and notes that the outcome in such cases is closely tied to the standard of proof required of the buyer, who bears the burden of proof. It also reviews decisions addressing compliance with the notice period for non-conformity and identifies certain inaccuracies in the reasoning adopted by some courts. The decisions surveyed confirm, among other points, that a seller’s final non-performance of the obligation to deliver constitutes a fundamental breach of contract under the CISG, that defects arising within the buyer’s sphere of responsibility cannot amount to a (fundamental) breach of contract by the seller, that avoidance is available where the seller fails to perform within an additional period of time, and that the right of avoidance must be exercised within a reasonable period when non-conformity amounts to a fundamental breach of contract. While some lower-court judgments display a measure of interpretative imprecision when assessed against internationally accepted approaches to CISG interpretation, the expanding body of CISG-based case law in Korea indicates that continued development of this jurisprudence will require courts to interpret and apply the CISG accurately and precisely so that it operates coherently within the Korean legal system.