마일리지
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 and 2
A. Article 3 of the Act on the Regulation of Terms and Conditions provides that an enterpriser shall specify the terms and conditions in a generally anticipated manner depending on the type of contract and explain to the customer the important contents of the terms and conditions so that the customer can understand them, and that if a contract is concluded in violation of this, the said terms and conditions
As above, a business entity’s duty to specify and explain the terms and conditions is based on the reason that the customer is not aware of the content of the terms and conditions and is able to avoid unexpected disadvantages to the customer as the content of the contract. Thus, even if the terms and conditions are prescribed in the terms and conditions, if the customer could have sufficiently anticipated without any separate explanation or if it is merely a degree that the customer would repeat or neglect the contents of the terms and conditions already prescribed in the laws and regulations, the business entity cannot be deemed to have the duty to explain
(see Supreme Court Decision 2010Da36261, Jul. 12, 2012). “Acts and subordinate statutes” refer to the statutes naturally applicable to the pertinent contract. As such, the so-called administrative rules, which a superior administrative agency issues with respect to a subordinate administrative agency with respect to business performance guidelines or the standards for the interpretation and application of Acts and subordinate statutes, do not constitute an exceptional case having the same effect as an order with external binding force.
In addition, whether the terms and conditions of the terms and conditions have already been determined or are merely a mere extent to which the terms and conditions are prescribed by the Acts and subordinate statutes shall be determined by comprehensively taking into account various circumstances, such as the terms and conditions, the contents of the statutes, the form, purpose and purpose
Supreme Court on June 13, 2019