채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: "I examine the plaintiff's argument that "the above A.C. assertion is not proved by the defendant's reason for recovering fees against the plaintiff, or that the claim for recovering fees is based on a standardized contract which is unfair and invalid"; "I examine the plaintiff's argument that the defendant did not fulfill the duty to specify the terms of the Terms and Conditions Regulation Act while entering into an insurance solicitor commission contract with the plaintiff; "I examine the plaintiff's argument that the defendant did not fulfill the duty to explain the terms of the Terms and Conditions Regulation Act"; "I examine the plaintiff's argument that the defendant did not fulfill the duty to explain the terms and conditions of the Terms and Conditions Regulation in the contract between May 17 and 18; between May 19 and 20; and, except for adding each of the following items, I accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. In addition to the portion added between the fifth and eighth (17) of the judgment of the court of first instance, the legislative purport of the Act on the Regulation of Terms and Conditions that imposes an obligation to explain the important contents of the terms and conditions on the business operator so that the customer can understand them sufficiently, it is reasonable to deem that, in a case where the customer is fully aware of the contents of the terms and conditions, the terms and conditions are immediately the contents of the contract and have binding force on the party, and thus, the business operator need not separately explain the contents of the terms and conditions to the customer. The same applies to the case where the contents of the terms and conditions are general and common to the transaction, which is sufficiently anticipated by the business operator without any separate explanation, or that is merely a case where the business operator unsatisfys those already determined by the Acts and subordinate statutes (see, e.g., Supreme Court Decision 2018Da201610, Jun. 19, 2018).