영미계약법 원리(양장본 Hardcover)

□ 북 리뷰
저자가 집필한 "영미계약법 원리"는 영미법의 역사 속에서 계약법상 법규범의 발전과정에 존재하는 다양한 케이스를 기반으로 광범위한 영미계약법의 전반적인 원리를 거의 모두 다루었다는 점에서 획기적이라 할 수 있다.
- 김현, 제49대 대한변호사협회장/법무법인 세창 대표변호사 -

이 책은 영미계약법의 주요 원리를 대륙법계뿐만 아니라 우리 계약법의 체계와도 비교 분석하고 계약법의 원리에 숨겨져 있는 설득력 있는 사례를 총체적으로 촘촘하게 엮어 내어 저자의 영미계약법의 원리에 대한 안목과 통찰력을 보여준다.
- 최승순, 법무법인 화우 전 대표변호사

저자는 영미계약법의 이론을 살펴보는데 만 그치지 않고 이론이 영문계약의 실무에서 어떻게 활용되고 있는지에 대한 시사점을 제공하며 설명하여 체계적인 정리를 하였다. 다양한 사례를 기반으로 한 해설은 독자가 접하게 되는 여러 사안에 법원리를 직접 대입해 명쾌한 해답을 밝혀주고 있다. 변호사, 판사, 연구자, 다양한 법조실무자는 물론 로스쿨 학생 모두가 사용할 수 있는 실용적이고 귀중한 자료가 되리라고 믿는다.
- 김준기, 연세대학교 국제법 교수

이 책은 영미계약법의 개별 원리에 알맞은 치밀한 예시와 섬세하고 정확한 표현으로 영미계약법 원리 전반을 빠짐없이 다루고 있다. 영미법의 역사를 알고 싶거나 영미계약법을 배우거나 가르치고 싶은 사람에게 꼭 한번 읽어봐야 할 필독서로 자리매김할 것이라 믿는다. 성공적인 법조인의 미래를 꿈꾸는 법학도나 현실의 법률분쟁의 해결 방향을 찾고자 하는 사람이라면 이 책을 권하고 싶다.
- 방영선, 톰슨로이터 재팬 대표이사

In this book, the author analyzes the multi-faceted principles of contract law throughout its history. The author's analysis of the detailed meanings of the unique and individual principles of contract law and provision of a plethora of examples of solving sensitive issues through contracts serves as a springboard and gateway for solutions not only in commercial transactions but also in legal disputes in Korea.
- Shane Yoosuk Hong, Senior Foreign Lawyer at Kim & Chang

CHAPTER 1. 영미 역사와 영미법의 발전
Ⅰ. 역사 속 법률과 제도 ····························································································· 3

1. 자본주의 경제의 발전과 계약자유의 원칙 ··························································· 3

2. 계약법 원리와 공정거래 또는 소비자보호의 문제 ··········································· 4

3. 영미 역사의 이해와 영미법 원리 ··········································································· 6

Ⅱ. 영국역사와 Common Law의 기원 및 전개 ·························································· 7

1. 영국역사와 Common Law의 유래 ········································································ 7

2. 고대 및 로마시대 ·····································································································9

3. 앵글로색슨시대 ········································································································10

4. 노르만의 정복왕 윌리엄과 헨리 1세 ··································································· 12

5. 헨리 2세의 플랜태저넷 왕조의 개창과 사법체제의 정비 ······························· 16

5.1 플랜태저넷(Plantagenet) 왕조의 개창과 왕권강화 16

5.2 헨리 2세의 사법체제의 정비 17

5.2.1 Common Law(보통법)와 재판제도의 개혁 _ 17

5.2.2 헨리 2세의 사법제도 개혁의 의미와 리처드 1세의 왕위 계승 _ 19

6. 존 왕과 마그나카르타(Magna Carta) ··································································· 19

7. 시몽 드 몽포르(Simon de Montfort)와 의회제도의 기원 ······························ 20

8. 튜더시대(Tudor Dynasty) ······················································································· 22

8.1 백년전쟁과 장미전쟁 22

8.2 튜더 왕조의 개창과 헨리 8세 23

8.3 엘리자베스 여왕과 식민제국의 건설 24

9. 스튜어트 왕조(Stuart Dynasty) ············································································· 26

9.1 스튜어트 왕조의 개창과 권리청원(Petition of Right) 26

9.2 명예혁명과 권리장전(Bill of Rights) 27

10. 하노버 왕조와 윈저 왕조 ····················································································· 29

10.1 하노버 왕조와 내각책임제의 발전 29

10.2 빅토리아 여왕과 대영제국 32

10.3 윈저 왕조 33
Ⅲ. 미국역사와 영미법의 발전 ·················································································· 33
1. 북아메리카 신대륙의 발견과 영국의 식민지 개척 ··········································· 33
2. 미국의 독립 ····································································································· 35
3. 미국연방헌법(US Constitution)과 영미법의 발전 ············································· 36
4. 세계 최강국 미국과 법치주의의 확립 ·······························································39
5. 미국의 법률체계(US legal system)와 법원체계(court system)의 이해 ······· 40

CHAPTER 2. 영미법의 특징 및 법원(Authority)
Ⅰ. 개　관 ···················································································································45
1. 영미법체계(common law system)와 대륙법체계(civil law system) ············ 45
2. 대륙법(civil law)의 기원과 전개 ·········································································· 46
3. 대륙법체계(civil law system)의 특징 ·································································· 47
Ⅱ. 영미법체계의 발전과 특징 ·················································································· 47
1. 영미법체계(common law system)의 의미 ························································· 47
2. 영미법(common law)의 기원과 발전 ·································································· 48
3. 영미법체계(common law system)의 특징 ························································· 50
4. 영미법상 배심원제도(jury system) ······································································· 52
4.1 배심원제도의 유래 및 역사 52
4.2 배심제도의 내용 54
4.3 미국의 배심제도 55
4.4 배심제도의 비판과 의의 57
5. Common Law(보통법)와 Equity(형평법) ························································· 57
6. 영미법(common law)과 대륙법(civil law)의 구별점과 융합 ························ 64
Ⅲ. 영미법의 법원(Authority) 및 검토방법 ···························································· 66
1. 영미법(common law)의 법원(authority)에 대한 이해 ···································· 66
2. 미국의 연방법체계에서 법원(sources of federal law) ···································· 67
3. 영미법계 법규범의 검토방법(legal research process) ····································· 68
4. 판례법(case law)의 검토 ················································································· 69

CHAPTER 3.영미 계약법의 체계 및 적용법규범
Ⅰ. 계약법의 원리와 역할 ···························································································· 73
1. 경제활동과 영미계약법의 원리 ············································································· 73
2. 영미계 계약법과 대륙법계 계약법 ······································································· 74
3. 영미계약법의 체계 ·································································································75
Ⅱ. 영미계약법의 기원과 발전 ·························································································76
1. 로마법상 계약법의 기원 ························································································· 76
2. 잉글랜드의 초기 계약법 이론 ··············································································· 77
3. 약속의 강제성에 관한 이론적 발전과 영미계약법 원리의 정착 ··················· 80
3.1 Assumpsit의 개발과 계약의 강제성에 대한 이론의 발전 80
3.2 General Assumpsit의 허용과 장래이행의 약속의 강제성의 인정 81
3.3 Consideration개념의 발전과 영미계약법 이론의 정착 85
Ⅲ. 영미계약법상 계약의 역할과 의미 ············································································· 87
1. 영미계약법상 계약의 역할 ····················································································· 87
2. 영미계약법상 계약의 의미 ····················································································· 88
Ⅳ. 영미계약법 체계의 특징 및 계약의 유형 ································································ 91
1. 영미계약법 체계의 주요 특징 ··············································································· 91
1.1 Promise(약속)와 Legal Enforceability(법적 강제력) 91
1.2 Consideration(대가관계) 92
1.3 Statute of Frauds(사기방지법)와 Parol Evidence Rule(구두증거배제의 원리 93
1.4 Equitable Remedy(형평법상 구제방법)와 Quasi-Contract(준계약) 93
2. 영미계약법상 계약의 유형 ····················································································· 95
2.1 Bilateral Contract(쌍방계약)와 Unilateral Contract(일방계약) 95
2.2 계약의 성립방식에 따른 분류 96
2.3 계약의 유효성에 따른 분류 97
Ⅴ. 영미계약법의 적용법규범 ····························································································· 98
1. 개　관 ························································································································· 98
2. Common Law와 Restatement ··········································································· 100
3. 영미계약법과 Restatement Second of Contracts ········································ 101
4. 모델법전(model code)과 UCC ··········································································· 102
5. Common Law와 UCC의 관계 ··········································································· 104
Ⅵ. 국제계약의 주요 법원(Sources of Law) ····························································· 105
1. 영미계약법과 국제거래의 적용법규범 ······························································· 105
2. CISG(국제물품매매계약에 관한 유엔협약) ······················································· 107
2.1 CISG의 배경 및 구성 107
2.2 국제계약과 CISG의 내용 및 적용 107
3. INCOTERMS(국제무역거래조건) ········································································ 108
3.1 INCOTERMS의 배경 및 특징 108
3.2 INCOTERMS상의 개별 무역조건과 그 적용 110
3.3 INCOTERMS와 UCC 112

CHAPTER 4.계약의 성립 (Contract Formation)
Ⅰ. 개　관 ················································································································ 115
1. 계약의 성립(contract formation)과 법적 강제가능성(legal enforceability) ··· 115
2. 계약당사자간 상호동의(mutual assent) ····························································· 115
3. 계약당사자간 대가관계(consideration)의 존재 ················································ 116
4. 계약의 성립에 대한 항변사유(defenses) ·························································· 117
Ⅱ. Offer(청약) ············································································································118
1. 청약(offer)의 의미 ·································································································· 118
2. 청약의 유인(invitation to offer) ········································································· 119
3. 청약의 요건 ········································································································· 121
3.1 계약체결의 의사표시(intent to enter into a bargain) 121
3.2 청약내용의 명확성(certainty and definiteness in its terms) 122
3.2.1 청약내용의 명확성의 의미 _ 122
3.2.2 Requirements Contract와 Output Contract의 문제 _ 124
3.3 피청약자와의 의사소통 125
4. 청약의 효력발생 및 효과 ····················································································· 126
5. 청약의 종료(termination of offer) ····································································· 126
5.1 청약의 철회(revocation of offer) 126
5.1.1 청약철회의 방법 _ 127
5.1.2 청약철회의 효력 _ 127
5.1.3 청약자의 청약철회의 제한(irrevocable offers) _ 128
(1) Option Contract(옵션계약) _ 129
(2) Firm Offer Rule(확정청약의 원리) _ 131
(3) Promissory Estoppel(약속에 의한 금반언) 또는 Detrimental Reliance(불이익적 신뢰) _ 133
(4) 일방계약(unilateral contract)과 피청약자의 이행의 시작 _ 134
5.2 청약의 거절(rejection of offer) 135
5.2.1 Counteroffer(반대청약) _ 136
5.2.2 Conditional Acceptance(조건부 승낙) _ 138
5.2.3 Common Law상 Mirror Image Rule(경상의 원칙)과 UCC의 원칙 _ 138
(1) Mirror Image Rule(경상의 원칙) _ 138
(2) UCC의 경우 _ 139
5.3 법의 작용(operation of law)에 의한 청약의 종료 141
5.4 시간의 경과(lapse of time)에 의한 청약의 종료 142
Ⅲ. Acceptance(승낙) ····································································································· 143
1. 승낙(acceptance)의 의미 ······················································································ 143
2. 승낙의 효력발생시기 ····························································································· 144
3. 승낙의 요건 ··········································································································· 145
3.1 승낙권한 있는 자의 승낙 145
3.2 승낙의 명확성(unequivocal acceptance) 146
3.2.1 Battle of the Forms(양식간 다툼)의 문제 _ 146
3.2.2 Common Law의 원리-Mirror Image Rule(경상의 원칙) _ 148
3.2.3 UCC에 따른 동산물품매매계약의 경우 _ 149
(1) No Mirror Image Rule _ 149
(2) 당사자 일방 또는 전부가 상인이 아닌 경우 _ 150
(3) 양 당사자가 상인인 경우 _ 150
3.3 청약자에 대한 승낙의 의사표시 153
3.4 승낙의 판단기준 154
4. 승낙의 방법 ············································································································· 155
4.1 피청약자가 이행을 시작하는 경우 155
4.2 피청약자가 이행을 약속한 경우 156
4.3 피청약자가 우편을 통해 승낙을 한 경우 157
4.3.1 청약내용으로 승낙의 효력발생시기가 정해진 경우 _ 157
4.3.2 청약을 거절한 이후 승낙을 한 경우 _ 157
4.3.3 승낙을 한 후 청약거절을 한 경우 _ 158
4.3.4 승낙을 한 후 청약철회가 있는 경우 _ 159
4.3.5 옵션계약(option contract)의 경우 _ 159
5. 동산물품매매계약에서 매도인이 잘못된 물품(wrong goods)을 보내온 경우 ···160
6. 피청약자가 침묵하는 경우 ··················································································· 162
Ⅳ. Consideration ······································································································ 163
1. Consideration의 의미 ··························································································· 163
2. Consideration의 요건 ··························································································· 165
2.1 당사자간 거래되는 대가의 교환성(bargained-for exchange) 166
2.2 대가의 법적인 가치(legal value) 167
3. Consideration과 관련된 주요 이슈들 ······························································· 170
3.1 Pre-Existing Duty의 문제 170
3.1.1 Pre-Existing Duty Rule _ 170
3.1.2 Pre-Existing Duty Rule의 예외 _ 172
3.2 Past Consideration 177
3.3 Existing Debts의 문제 178
3.4 Illusory Promise의 문제 182
3.4.1 조건부 약속(conditional promise)과 신의성실의 의무(duty of good faith)_ 183
3.4.2 계약의 해제권에 제한이 있는 경우 _ 184
3.4.3 Requirements Contract와 Output Contract의 경우 _ 185
3.4.4 계약이행에 대한 합리적 노력의무(duty of reasonable efforts) _ 187
3.4.5 취소가능한 약속(voidable promise)의 경우 _ 188
3.4.6 보증계약(suretyship contract)의 경우 _ 188
3.4.7 일방계약(unilateral contract)과 옵션계약(option contract)의 경우 _ 189
3.5 부제소의 합의(contract not to sue)와 Consideration 189
4. 대가관계의 대체물(substitutes for consideration) ·········································· 190
4.1 Promissory Estoppel(약속에 의한 금반언) 191
4.1.1 Consideration과 Promissory Estoppel _ 191
4.1.2 Promissory Estoppel의 요건 _ 193
4.2 법에 의해 제한된 법적 의무에 대한 새로운 서면약속(written promise) 195
4.3 날인증서 또는 서명문서에 의한 약속과 대가관계(consideration)의 문제 197
5. 계약변경(modification)과 대가관계(consideration) ········································ 198
5.1 Common Law의 경우 199
5.2 UCC의 경우 199
Ⅴ. 항변사유(Defenses)의 부존재 ················································································· 200
1. 계약의 성립(contract formation)과 항변사유(defenses) ······························· 200
2. Statute of Frauds(사기방지법)와 계약의 서면성 ·········································· 201
2.1 Statute of Frauds(사기방지법)의 역사적 배경과 주요 이슈 202
2.2 Statute of Frauds(사기방지법)와 Parol Evidence Rule(구두증거배제의 원리) 203
2.3 Statute of Frauds(사기방지법)의 적용대상이 되는 계약 204
2.3.1 보증계약(suretyship contract)의 경우 _ 206
(1) 보증계약(suretyship contract)의 의미 _ 206
(2) Statute of Frauds가 적용되는 보증계약의 범위 _ 207
① 보증계약과 주된 목적의 원칙(main purpose rule) _ 207
② Statute of Frauds가 적용되지 않는 보증계약 _ 209
2.3.2 계약체결일로부터 1년 이내에 이행될 수 없는 계약 _ 210
2.3.3 부동산상 이익의 매매에 관한 계약(contract for the sale of an interest in land) _ 212
2.3.4 500달러 이상의 동산물품매매계약(contract for sale of goods for $500 or more) _ 214
2.3.5 결혼의 대가로 이루어진 계약 _ 216
2.3.6 상속재산관리인(executor or administrator)의 상속재산상 채무의 변제약속 _ 217
2.4 Statute of Frauds(사기방지법)의 충족방법 217
2.4.1 서명한 문서(signed writing)에 의한 사기방지법의 충족 _ 217
(1) Common Law의 경우 _ 218
(2) UCC에 따른 동산물품매매계약의 경우 _ 221
① 상인 간의 거래가 아닌 경우 _ 221
② 상인 간 거래의 경우 _ 222
2.4.2 이행(performance)에 의한 사기방지법의 충족 _ 223
(1) 동산물품매매계약(contract for sale of goods)의 경우 _ 223
① 물품의 일부 인도 등 일부이행(part performance)이 이루어진때 _ 223
② 매수인을 위해 특수 제작된 물품(specially manufactured goods)의 경우 _ 225
(2) 부동산거래계약(real estate transfer contract)의 경우 _ 226
(3) 서비스계약(service contract)의 경우 _ 228
2.5 Statute of Frauds(사기방지법)와 계약의 효력 229
2.5.1 Statute of Frauds에 따르지 않은 계약의 효력 _ 229
2.5.2 Statute of Frauds와 이득반환(restitution)의 문제 _ 231
2.6 Statute of Frauds(사기방지법)와 관련된 이슈 232
2.6.1 Statute of Frauds와 신뢰보호(reliance)의 문제 _ 232.
2.6.2 Statute of Frauds와 계약의 변경(modification) _ 233
(1) Common Law의 경우 _ 234
(2) UCC의 경우 _ 235
2.6.3 Statute of Frauds와 동등가치의 법리(equal dignity rule) _ 237
3. 법률상 무능력자(legal incapacity)의 행위 ······················································· 237
4. 계약의 불법성(illegality)과 공서양속(public policy) 위반의 경우 ············· 241
5. Mistake(착오)의 문제 ···············································································242
5.1 Mistake(착오)의 의미 242
5.2 착오(mistake)의 유형과 예측실패(misprediction)와의 구별 243
5.3 당사자 쌍방의 착오(mutual mistake) 245
5.3.1 당사자 쌍방 착오(mutual mistake)의 요건 _ 245
(1) 기본적 가정(basic assumption)에 대한 착오 _ 245
(2) 착오로 인한 당사자의 이행에 대한 중대한 영향(material effect) _ 246
(3) 당사자의 착오로 인한 위험 감수(bear the risk)의 문제 _ 247
5.3.2 착오 당사자(mistaken party)의 구제 _ 248
5.4 당사자 일방의 착오(unilateral mistake) 248
6. Misrepresentation(부실표시/허위진술)의 문제 ··············································· 250
6.1 Misrepresentation(부실표시/허위진술)의 의미 250
6.2 Misrepresentation(부실표시/허위진술)의 유형 251
6.3 Misrepresentation(부실표시/허위진술)의 요건 252
6.3.1 사실에 부합하지 않는 표시나 주장 _ 253
(1) 사실에 부합하지 않는 표시나 주장의 내용 _ 253
(2) 사실의 미공개(nondisclosure)와 Misrepresentation의 문제 _ 254
6.3.2 사기적(fraudulent) 또는 중요한(material) 사실에 대한 부실표시 _ 256
6.3.3 상대방의 정당한 신뢰(justifiable reliance) _ 257
6.4 Misrepresentation(부실표시/허위진술)과 구제수단(remedies) 260
7. Duress(강박) 및 Undue Influence(부당압력)의 문제 ································· 262
7.1 Duress(강박)의 문제 263
7.1.1 Duress(강박)의 의미와 요건 _ 263
7.1.2 Duress(강박)의 효과 _ 266
7.2 Undue Influence(부당한 압력)의 문제 267
8. Unconscionability(비양심성)의 문제 ································································ 269
8.1 비양심성의 원리(doctrine of unconscionability) 및 비양심성의 개념 270
8.2 절차적 비양심성(procedural unconscionability)과 실체적 비양심성
(substantive unconscionability)의 문제 --------------------------------- 271
8.3 비양심성의 판단 및 피해자의 구제 273
9. 불공정거래의 법규상 제한의 문제 ································································· 275
Ⅵ. Modification of Contract(계약의 변경) ·························································· 277
1. 당사자간 합의에 의한 계약변경 ········································································· 277
1.1 Common Law의 경우 277
1.2 UCC의 경우 278
1.3 계약변경(modification)과 Statute of Frauds의 문제 ································279
2. 법의 작용(operation of law)에 의한 계약변경 ·············································· 281

CHAPTER 5.계약의 이행(Performance)
Ⅰ. 계약의 이행 및 이행의 조건 ·········································································· 285
1. Performance of Contract(계약의 이행) ·························································· 285
2. Performance Condition(계약이행의 조건) ····················································· 285
Ⅱ. 계약이행 조건의 의미 및 유형 ·········································································287
1. Express Condition 및 Constructive Condition ··········································· 288
2. Condition Concurrent; Condition Precedent; Condition Subsequent ··· 289
3. True Condition 및 Condition coupled with a Covenant ······················ 290
Ⅲ. 계약이행 조건의 충족방법 ························································································· 291
1. Express Condition(명시적 조건)과 Strict Compliance Rule(엄격준수의 원칙) ······ 291
2. 계약당사자 일방의 만족을 조건으로 하는 계약의 문제 ······························· 293
3. Constructive Condition(의제조건)의 경우 ····················································· 294
3.1 Substantial Performance Rule(상당이행의 원칙)과 Perfect Tender Rule(완전제공의 원칙) 295
3.1.1 Common Law와 Substantial Performance Rule(상당이행의 원칙) _ 295
3.1.2 UCC와 Perfect Tender Rule(완전제공의 원칙) _ 297
3.2 Divisible Contract(가분계약)와 Installment Contract(할부계약) 297
3.2.1 Common Law상 Divisible Contract(가분계약) _ 297
3.2.2 UCC상 Installment Contract(할부계약) _ 300
Ⅳ. 동산물품매매계약의 이행의 특칙 ·········································································· 301
1. 매도인의 권리와 의무 ··························································································· 302
1.1 매도인의 이행의 제공 302
1.1.1 Perfect Tender Rule(완전제공의 원칙) _ 302
1.1.2 Cure(하자의 치유) _ 302
1.2 매도인의 목적물의 인도의무(duty of delivery) 304
1.2.1 운송인을 통한 목적물 인도계약(carrier contracts)의 경우 _ 304
1.2.2 운송인을 통하지 않은 목적물 인도계약(non-carrier contracts)의 경우 _ 305
2. 매수인의 권리와 의무 ·················································································· 306
2.1 매수인의 권리 307
2.1.1 인도된 물품의 검사권(right to inspection of goods) _ 307
2.1.2 물품의 거절권(rejection of the goods) _ 308
2.1.3 물품의 인수권(acceptance of the goods) _ 309
2.1.4 물품인수의 철회권(revocation of acceptance of the goods) _ 310
2.2 매수인의 의무 311
2.2.1 목적물의 인도를 운송인에 의해 하는 경우(carrier contracts) _ 312
2.2.2 목적물의 인도를 운송인에 의하지 않는 경우(non-carrier contracts) _ 312
2.2.3 수표에 의한 대금지급의 문제 _ 312
3. Installment Contract(할부계약)의 문제 ··························································· 313

CHAPTER 6.계약상 의무 이행책임의 면제 (Excuse for Nonperformance)
Ⅰ. 개　관 ·················································································································319
Ⅱ. 조건의 불성취 또는 면제에 의한 이행책임의 면제 ············································ 320
1. 조건의 불성취(failure of condition)에 의한 이행책임의 면제 ··················· 320
2. 조건의 면제(excuse of condition)에 의한 이행책임의 면제 ······················ 321
2.1 Express Condition(명시적 조건)의 면제사유 321
2.1.1 Promissory Estoppel(약속에 의한 금반언) _ 322
2.1.2 Waiver of Condition(조건의 포기) _ 323
2.2 Constructive Condition(의제조건)과 조건면제의 문제 326
2.3 Concurrent Condition(동시이행의 조건)과 조건면제의 문제 328
2.4 권리상실(forfeiture)을 피하기 위한 조건면제의 문제 332
Ⅲ. 상대방의 계약위반에 의한 이행책임의 면제 ························································ 333
1. Common Law의 경우 ·························································································· 334
2. UCC의 경우 ·········································································································336
Ⅳ. Anticipatory Repudiation(이행기 도래 전 이행거절)에 의한 이행책임면제 ··336
1. Anticipatory Repudiation(이행기 도래 전 이행거절)의 의미 및 배경 ··· 336
2. Anticipatory Repudiation(이행기 도래 전 이행거절)의 요건 ···················· 338
3. Anticipatory Repudiation(이행기 도래 전 이행거절)의 효과 ···················· 340
4. 이행거절의 철회(retraction)와 적정이행의 보증(adequate assurance) ····· 342
4.1 이행거절의 철회(retraction of anticipatory repudiation) 342
4.2 적정이행의 보증(adequate assurance) 344
4.2.1 적정이행의 보증(adequate assurance)의 요건과 판단 _ 344
4.2.2 적정이행의 보증(adequate assurance)의 효과 _ 347
Ⅴ. 사후 계약 또는 의사표시에 의한 이행책임의 면제 ············································ 348
1. 개　관 ···························

조대환 현재, SCOR 전무/변호사
현재, 미국 뉴욕주변호사
현재, 대한상사중재원 중재인(국내/국제)
인하우스카운슬포럼(IHCF) 회장
IBA(International Bar Association) 한국자문위원
법무법인 공유 구성원변호사
메트라이프코리아 법무총괄/준법감시인/상무
메트라이프인터내셔널 아시아지역본부 준법업무총괄책임자
법무법인 태평양 변호사(Finance Group/IT & Energy Group)
법무법인 김신유 변호사(현, 법무법인 화우: 송무/기업법무 그룹)
서울지방법원 조정위원
제36회 사법시험 합격/제26기 사법연수원 수료
계약협상 및 영문계약실무 다수 강의
법률신문사/잡지 등 문화칼럼 다수 기고
사내변호사/개인정보보호/금융 관련 실무 다수 강의
Georgetown University Law Center 졸업
고려대학교 법과대학원(상법) 졸업
고려대학교 법대 졸업
영진고등학교 졸업