위임의 임의해지와 손해배상 - 대법원 2015. 12. 23. 선고 2012다71411 판결 - = Rescission of a contract of a mandate for the future at will and damages

다국어 초록 (Multilingual Abstract)

Each party may at any time rescind a contract of a mandate for the future. If one of the parties rescinds a mandate for the future without any inevitable reasons when it would be unfavourable to the other party, he/she shall compensate the other party for any damages occasioned by such rescission (Art. 689, the Civil Code). As to the termination, the Supreme Court ruled in a recent case that in a case where one of the parties alleged the rescission of mandate on the basis of non-performance, but ended in vain, the allegation may have the effect as rescission for the future at will pursuant to Article 689, and that in principle the fact that the mandatory rescinded before the entrusted affairs has been completely performed, does not lead to an unfavourable rescission for the future. The first ruling may be justified as a rule on the basis of conversion of null act, although there should be some exceptions. On the other hand, as to the second ruling, the author has a different opinion, in that this ruling should not be applied to the rescission for the future by mandatory.