손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. The reasons for the part of the judgment of the first instance are as follows, except for the part concerning “(2) rents, depreciation costs,” excluding the part concerning “3.3. conclusion” of the judgment of the first instance, except for the part concerning “12(2) rents, depreciation costs,” excluding the part concerning “3.3. conclusion” of the judgment of the first instance, except for the addition of “the following additional determination” to the part concerning the argument emphasized or added by the Defendant
2. Additional determination
A. Defendant’s assertion 1) Even if the Defendant negotiated on the specific clause of the instant contract on an equal footing with the Plaintiff, this is thereby subject to the Regulation of Standardized Contracts Act (hereinafter “Standard Contracts Regulation Act”).
The exclusion of the application is limited to that specific provision, and Article 7 (3) of the General Terms and Conditions of this case is subject to the Act on the Regulation of Terms and Conditions, since the Plaintiff and the Defendant did not make an individual negotiation with respect to Article 7 (3) of the General Terms and Conditions of this case and have changed its contents, the said provision still applies. The said provision is null and void pursuant to Article 9 (6) of the Act on the Regulation of Terms and Conditions as a provision which could unreasonably compel the extension of the contract of this case for the purpose of continuous occurrence of claims relations.
Even if the plaintiff and the defendant agreed on the premise that they will terminate the existing contract and conclude a new contract, and the defendant expressed to the plaintiff that they will not renew the contract if the request for modification of the contract is not accepted.
Therefore, it cannot be deemed that the instant contract was implicitly renewed in accordance with the main sentence of Article 7(3) of the General Terms and Conditions.
3 The instant contract was renewed
Even if Article 4(1) of the instant contract is not a provision compelling the Plaintiff to request delivery of “all products” produced or distributed by the Defendant, but Article 2(8) of the instant agreement imposes on the Defendant at least 40,000 monthly request for delivery.