독자적(獨自的)인 채무불이행유형(債務不履行類型)으로서의 이행거절(履行拒絶) 재론(再論)- 판례의 형성 및 법률효과를 중심으로- = Repudiation as a Independent Type of Breachof Contract, Revisited

다국어 초록 (Multilingual Abstract)

This article deals with repudiation as a independent type of contract breach in the Korean civil law. Catching up my former writing on the same theme published about 20 years ago, it confirms that the Korean judges have adopted the concept of repudiation of contract, especially anticipatory repudiation, as a independent type of breach of contract, since the ruling of August 19, 2005, Case No. 2004DA53173 of the Supreme Court of Korea. Prevailing opinions in the academia are very positive on this meaningful development in the judge-made law. And some aspects of the legal effects of contract repudiation are added to the article, i.g. how the compensatory damages should be measured and from when the damages caused by delay of the compensation should be counted.