반려동물의 매매계약을 둘러싼 법률문제 - 매도인의 책임을 중심으로 -

Abstract

Recently, more than 10 million people are raising companion animals in Korea. Most of the people who buy companion animals buy them from more than 4,000 animal vendors. Companion animals are "materials" by law, and a contract to acquire ownership of companion animals from animal sellers for reimbursement constitutes a trade contract under civil law. According to recent research, there are many cases in which animal dealers deliver animal products that are different from sales contracts, animals that have incurable disorders or genetic defects, and companion animals that are infected with diseases. In such cases, the buyers will insist on the exchange of companion animals, filing for damages and canceling the contract. Among them, the most likely part of the dispute between buyer and seller is the scope of damages. The animal dealer will be willing to pay for the companion animals to the limit. However, the animal dealer is liable for damages, special trade damages, to the extent that the party can normally expect, among the damages associated with its default and the person that is significant. Therefore, if an animal is delivered with incurable or genetic defects or diseases, it will have to compensate for the cost of receiving treatment for the cost of exceeding the cost of paying for the animal, funeral expenses for the death of the animal, loss of infection to other animals raised by the buyer, and even damage to human infection. On the other hand, the buyer may cancel the trade contract if there is a mistake of motive or if there is a fraud by the animal dealer in the sale of the animal. In order to prevent such fraud or misuse of purchasers, the relevant legal regulations need to be revised to require animal sellers to bear not only the obligation to provide trade contracts and documentation but also the obligation to explain themselves(Article 43 of the Enforcement Rules of the Animal Protection Act [Appendix 10] Operator"s Compliance) These discussions on legal issues arising from the signing of trade contracts for companion animals may apply to future trade contracts for livestock, laboratory animals, and zoo animals as well as companion animals.