리스금융에 있어서 리스물건의 하자담보책임에 관한 연구

Abstract

Lease agreement is similar with rental agreement in terms of form but the essence is material finance. Lease companies have no professional knowledge on the quality and performance of lease materials, do not participate in selecting lease materials or suppliers, and do not participate in delivery of lease materials. Lease companies are not opposed by lease users for lease fare reduction request due to defects in relation to lease fare request right like the standpoint of banks in case of bank loans and need to certainly collect the invested fund. In such aspect, lease companies set an exemption clause in the lease agreement and this seems to be reasonable. And then, a problem comes into the fore that how, to whom, and on what background the lease user may ask for the responsibility for warranty in case of defects with the lease material. Although there is no formal agreement between lease users and suppliers but, when the concluding process of lease transactions is considered, substantial roles of both parties exist. Therefore, the lease agreement concluded between lease companies and lease users and the sales agreement concluded between lease companies and supplies are not independent ones but have mutual relationship. Therefore, as it is deemed that a kind of legal relationship called “lease transaction” is established, it would make the adjustment of the interests generated between lease transaction parties further easy to understand the concrete relationship as third-party relationship with the concept that lease transactions are third-party agreements. Therefore, as the relationship between lease companies and lease users is deemed as the relationship of special loan for consumption having the property to provide finance and as the relationship between lease users and suppliers is understood to be substantial transaction parties, it would be reasonable and meet the actual state to establish a theory so that lease users may ask the supplier for the responsibility for the defects of lease materials. Accordingly, in case of the revised bill of Commercial Law, the concrete content of defect warranty responsibility for lease materials, in the relationship between basic rights and liabilities of lease agreement parties, should be included with reflection of such aspect.