상사거래에서의 신의칙법리의 체계 = Systematic Approach to the Application Rule of Good Faith Doctrine in Commercial Transaction

다국어 초록 (Multilingual Abstract)

In this paper, I tried to collect and choose the judgement standards for application of the good faith doctrine in the commercial transaction. And also I did a comparative approach to the application method of good faith doctrine in the commercial tranaaction. And lastly I did construct the application system of good faith doctrine in the commercial transaction. UCC Commentators support for including an objective component in the good faith analysis under UCC section 1-208. First, a subjective standard would produce unpredictable and irregular results which undoubtedly would work harshy results against debtors. And so such a subjective standard may be not adopted. Second, the Code drafters may have intended an objective standard. Third, purpose of the above section is to protect the debtor and the purchaser. Fourth, UCC section is to prevent creditors from gaining any unfair advantage. Fifth, the principles of the law and equity. Sixth, common sense and tradition. Seventh, dealing and usage of trade. Eighth, calls for flexibility to promote the continued growth of commercial practices. Among the above special standards of good faith doctrine in the commercial trade in UCC should be considered as our criteria adopted in the good faith doctrine rule of commercial trade. The application rule of good faith doctrine adopted in the non-business transaction does apply basically to the commercial cases. And also some special standards needed to the application of good faith doctrine in the commercial transaction should be additionally reviewed. Of course this commercial rule does apply to the commercial cases if necessary, accordingly commercial application rule of good faith doctrine does not always apply to the commercial transaction.