초록 close

This thesis is in need of verification whether many preceding researches passing over something. Also, It will be access to nature of the liability of warranty. When the buyer has the right to by reason of seller’s breach of warranty by article 580ㆍ581 of the civll law. It is discussed whether besides this right the buyer has another right to damages by reason of default on an obligation which arise from the contact by article 390 of the civil law. This judgment is significant as the first judgment of the Korean Supreme Court that clarify its attitude approving the concurrence of the liabilities to damages for breach of warranty with default on an obligation of the seller. The meaning of integration of warranty and default on an obligation is that conform the condition and the effect of warranty to the default on an obligation if possible. This thesis examined the possibility and the necessity of the conformity of the provision of Korean Civil Law article 580ㆍ581 about Warranty as a special provision to the provision of Korean Civil Law article 390 about default on an obligation, especially laying emphasis on condition of Warranty of a seller. More reasonable solution is newly establishment of general clause about liability of default on obligation or defective performance than revision of the provision of provisory of korean civil law article 390.


This thesis is in need of verification whether many preceding researches passing over something. Also, It will be access to nature of the liability of warranty. When the buyer has the right to by reason of seller’s breach of warranty by article 580ㆍ581 of the civll law. It is discussed whether besides this right the buyer has another right to damages by reason of default on an obligation which arise from the contact by article 390 of the civil law. This judgment is significant as the first judgment of the Korean Supreme Court that clarify its attitude approving the concurrence of the liabilities to damages for breach of warranty with default on an obligation of the seller. The meaning of integration of warranty and default on an obligation is that conform the condition and the effect of warranty to the default on an obligation if possible. This thesis examined the possibility and the necessity of the conformity of the provision of Korean Civil Law article 580ㆍ581 about Warranty as a special provision to the provision of Korean Civil Law article 390 about default on an obligation, especially laying emphasis on condition of Warranty of a seller. More reasonable solution is newly establishment of general clause about liability of default on obligation or defective performance than revision of the provision of provisory of korean civil law article 390.