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(영문) 대구고등법원 2017.02.09 2015나22640

채무부존재확인

Text

1. Of the part concerning the main lawsuit of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) that orders payment below.

Reasons

1. Recognized facts and

2. The reasons why the court should explain the part concerning the confirmation of existence of the obligation among the principal claim and this part of the judgment concerning the counterclaim are as stated in the corresponding column, in addition to adding the following in addition to the parts between the 12 pages and 13 pages of the judgment of the court of first instance. As such, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure

In other words, the defendant asserts that the general terms and conditions of this case and the special terms and conditions of this case constitute the terms and conditions under the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”), which are the contents of the contract prepared in advance by the plaintiff to enter into the contract with a large number of other parties, and they constitute the terms and conditions under the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”).

Article 2(1) of the Act on the Regulation of Terms and Conditions provides that "any of the parties to a contract becomes a content of a contract prepared in advance in order to enter into a contract with a majority of other parties, regardless of its name, form, or scope." Since the special terms and conditions of the contract in this case only provide for the contract in this case, it is difficult to regard it as a standardized contract under the Act on the

Meanwhile, the general terms and conditions of the instant contract include ① payment necessary for the conclusion of the instant contract with the Plaintiff, contract deposit, termination of the contract, liquidated damages, and other necessary matters. ② The general terms and conditions of the instant contract are in the form of a document written in the same vice language, ③ the original Defendant appears to have applied the standard of the general terms and conditions without any individual negotiation with respect to the contract deposit and liquidated damages at the time of the conclusion of the instant contract. In light of the aforementioned circumstances, the general terms and conditions of the instant contract are deemed to have