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A Study on the Reasonable standard for interpretation of intention on termination of the contractual relationship by implied agreement

  • DONG-A LAW REVIEW
  • 2020, (86), pp.73-105
  • DOI : 10.31839/DALR.2020.02.86.73
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : January 30, 2020
  • Accepted : February 21, 2020
  • Published : February 28, 2020

SOHN HONG RAK 1

1법무법인 금강

Accredited

ABSTRACT

The contract should be kept. But the parties can terminate the contractual relationship by agreement under the principle of private autonomy. The Supreme Court clearly declares that such an agreement can be established in an implied manner. According to multiple the Supreme Court rulings, The following could be the reasonable standard for interpretation of intention or legal act on termination of the contractual relationship by implied agreement ; ① Whether to be commencement of contract execution or not and Whether to be long-term contract neglect or not, ② Whether to be contradiction with maintaining contract effectiveness or not and Whether to be parties' behavior against the contract or not, ③ Whether to be agreement on additional terms and conditions accompanying liquidation of contract or not, ④ Comprehensive consideration of various circumstances after contract concluded.

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