Data
- Date:
- 23-02-2009
- Country:
- Republic of Korea
- Number:
- 2008Na20319
- Court:
- Seoul High Court
- Parties:
- --
Keywords
RIGHT TO DAMAGES - FORESEEABLE LOSSES (ART. 74 CISG)
Abstract
[CLOUT abstract no. 1282; abstract prepared by Haemin Lee, National Correspondent]
The plaintiff, a Chinese company, sold clothing to the defendant, a Korean individual. The plaintiff delivered the clothing over several months for sale by the defendant to other buyers. Because of defects with the goods and a delay in delivery, the defendant had to pay damages to those buyers.
The court ruled that as the parties to the contract had their places of business in different states, both contracting states to the CISG, the Convention would apply.
In its decision, the court noted that the plaintiff had been delivering clothing to the defendant for many years and it could have foreseen the damages as a possible consequence of a breach of contract at the time of the conclusion of the contract. Therefore, the plaintiff had to pay a sum equal to the loss suffered by the defendant (Art. 74 CISG).
Fulltext
Original in Korean:
- not yet available}}
Source
Case law on UNCITRAL texts (http://www.uncitral.org/uncitral/en/case_law.html)
[A/CN.9/SER.C/ABSTRACTS/134]}}