해약환급금
The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.
1. Where there is no precedent of the Supreme Court on the interpretation of statutes applicable to a small case in a specific case, there is a case where a number of small claims, the issue of which is the interpretation of the same statutes, are pending in the lower court, and there is a case where the Supreme Court concludes the case without making a decision on the interpretation of the statutes, on the ground that it is a small amount case, it would be likely that the legal safety of people's lives would be harmed if the case is terminated without making a decision on the interpretation of the statutes. In such special circumstances, even if the Supreme Court did not meet the requirement of "when it makes a decision contrary to the precedents of the Supreme Court," which can be viewed as the ground for appeal, even if it does not meet the requirement of "when it makes a decision contrary
(See Supreme Court Decision 2003Da1878 Decided August 20, 2004, etc.). Pursuant to Article 22(1) of the Installment Transactions Act (hereinafter “Installment Transactions Act”) which is a key issue in the instant case, there is no Supreme Court precedent as to whether a company that takes over the entire business pursuant to Article 22(1) succeeds to the rights and obligations of prepaid installment contracts, and there is a situation in which the lower court’s judgment is written. Thus, the lower court’s interpretation and application of the above provision of this case is examined.
2. Article 2 subparagraph 2 of the Installment Transactions Act means a contract under which the price of goods, etc. prescribed by Presidential Decree is paid in two or more installments over a period of two or more months, and the goods, etc. are supplied at the same time or after payment, in order to prevent damage to consumers, such as services for funeral or wedding, and goods incidental thereto, and other goods, etc. which cause damage to consumers. Article 22 (1) of the Installment Transactions Act shall apply.