국제상거래에서 금전채무 불이행에 따른 이자율 계산에 관한 연구

초록

Purpose : The interest rate calculation in accordance with Article 78 of the CISG will be reviewed and examined in detail, and the difference in interest rate calculation between each norm will be narrowed by comparing the provisions related to the interest rate due to default of the debtor under the PICC and CESL with the relevant regulations under the CISG. It is expected that it will be helpful in understanding the relevant regulations by presenting legal and practical implications for the problems arising from controversies in interpretation and deficiencies in the CISG's regulations related to interest claim rights. Research design, data, methodology : This paper reviews the contents of scholars' research and precedents related to the interest calculation rate, and applies the Black Letter Rule, the opinion presented by the CISG Advisory Committee, which has been discussed so far, Principles of International Commercial Contract (PICC), and the regulations of the Common European Sales Law (CESL). By conducting comparative studies, the differences in the relevant provisions of the Conventions were studied. Results : This paper narrows the differences in interest rate calculations between the norms, It is expected to help the understanding of related regulations by presenting legal and practical implications for problems arising from controversies in interpretation and deficiencies in the CISG's regulations related to the right to claim interest. Conclusions : This may lead to a loss of the will to suppress default, which is the purpose of interest, or to resolve the debt more quickly in the course of litigation or arbitration. Accordingly, if the creditor wants to prevent default in advance and expedite the progress of litigation or arbitration in the event of a financial default, the parties to the transaction are required to prepare a contract for the calculation of the interest rate due to default in the case of bank loans in the creditor’s country. It is also considered necessary to consider a way to explicitly regulate the interest rate (CESL Article 168) added to the interest rate (the opinion of the CISG Advisory Committee).

키워드