손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this court is that the relevant part of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, thereby citing the reasoning as it is.
2. Determination as to the claim for confirmation of invalidation of the notice of termination
A. The gist of the Plaintiff’s assertion 1) Article 6(8) of the instant contract that the Defendant used as the ground for the instant shipment restriction measure (hereinafter “instant shipment restriction provision”).
) The Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”) shall apply.
Article 6 (General Principles) of the Regulation of Standardized Contracts Act (amended by Act on the Regulation of Terms and Conditions) ① Any provision of the terms and conditions which lose fairness in violation of the principle of good faith is null and void. (2) Any provision of the terms and conditions that falls under any of the following subparagraphs is presumed to be unfair. 1. 1. Unfairly unfavorable provisions against customers or the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).
(1) An enterpriser shall not engage in any act that falls under any of the following subparagraphs and is likely to impede fair trade, or cause its affiliates or other enterprisers to engage in such act.
1. An act of unfairly refusing any transaction, or discriminating against a certain transacting partner;
4. Trading with a certain transacting partner by unfairly taking advantage of his/her position in trade;
5. It is invalid as it constitutes an unfair trade practice provided for in the conduct of trade under the terms and conditions which unfairly restrict the business activities of the other party to the trade or disrupt the business activities.
2) Article 3(2) and (3) of the instant contract (hereinafter “instant renewal clause”) shall be deemed to apply to the Plaintiff, unlike other ready-mixed carriers.
The application of automatic termination by contract maturity under the Fair Trade Act constitutes an unfair trade practice under the Fair Trade Act, and thus, is null and void.