이자대납금반환등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning for the court’s explanation of the instant case is as follows, and the reasoning for the judgment of the first instance is the same as that for the judgment of the first instance, except for additional determination as to the Defendant’s assertion. As such, it shall be cited by the main sentence of
2. Additional determination
A. The Defendant’s assertion that the penalty clause (Article 4(3)) of the instant sales contract only provides that the Plaintiff shall pay the remainder after deducting the penalty from the sales price paid by the Defendant, plus interest on the purchase price, and that the penalty shall not be deducted from the down payment, and there is no ground for such interpretation otherwise, and thus, Articles 5(2) and 5(2) of the Act on the Regulation of Terms and Conditions (Interpretation of Terms and Conditions) of the same Act shall be interpreted favorably to the customers if the meaning of the terms and conditions
Pursuant to the contract of sale in this case, the provision of penalty in the contract of sale in this case should be interpreted favorably to the defendant who is the customer, and the penalty should be interpreted as being deducted from the last payment paid in the sale price.
(B) The Defendant added the aforementioned preliminary arguments at the trial.
Judgment
(1) The terms and conditions shall be interpreted fairly and reasonably in light of the purpose and purpose of the terms and conditions in good faith, and shall be objectively and uniformly interpreted on the basis of average customer’s understanding potential without considering the intended purpose and intent of individual parties to the contract.
Even after the above interpretation, if the meaning of the terms and conditions is not clear, such as the objective multiple interpretations and their respective interpretations are reasonable, it shall be interpreted in favor of customers. However, in consideration of the purpose and purpose of the terms and conditions, the terms and conditions of the terms, as a result of an objective and uniform interpretation based on the possibility of average customer interests, are meaningful.