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CISG CASE PRESENTATION

Republic of Korea 23 February 2009 Seoul High Court (Clothing case)
[Cite as: http://cisgw3.law.pace.edu/cases/090223k3.html]

Primary source(s) of information for case presentation: Case abstract

Case Table of Contents


Case identification

DATE OF DECISION: 20090223 (23 February 2009)

JURISDICTION: Republic of Korea

TRIBUNAL: Seoul High Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 2008Na20319

CASE NAME: Unavailable

CASE HISTORY: 1st instance Seoul Eastern District Court [2006Gahap22303]; last instance Supreme Court [2009Da25982]

SELLER'S COUNTRY: China

BUYER'S COUNTRY: Korea

GOODS INVOLVED: Clothing


UNCITRAL case abstract

KOREA: Seoul High Court 23 February 2009

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/134],
CLOUT abstract no. 1282

Reproduced with permission of UNCITRAL

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).

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 74

Classification of issues using UNCITRAL classification code numbers:

74A [Loss suffered as consequence of breach]

Descriptors: Conformity of goods; Delivery; Foreseeability of damages

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Korean): Unavailable

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 8, 2013
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