The costs of appeal are assessed against the Plaintiff.

1. Regarding ground of appeal No. 1

A. Article 25(1) main text and Article 25(2) of the Act on Private International Law provides that “a contract shall be governed by the law in which the parties have chosen explicitly or implicitly,” and that “the parties may choose the governing law regarding a part of the contract,” and Article 26(1) provides that “if the parties have not selected the governing law, the contract shall be governed by the law of the country most closely connected

Therefore, if the parties choose the governing law only for a part of the contract with foreign elements, the law chosen by the parties for that part shall be the governing law, but with respect to that part, the law of the country most closely related to the contract shall be the governing law.

In addition, Article 3(3) of the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”) imposes an obligation on an enterpriser to explain the important contents of the standardized terms and conditions to a customer so that the customer can understand them, and Article 3(4) provides that if a contract is concluded in violation of this paragraph, the relevant standardized terms and conditions cannot be asserted as the content of the contract. The legislative purpose of the Act is to prevent customers from suffering unexpected disadvantages by allowing customers to enter into a contract under the standardized terms and conditions with prior knowledge of the content to be bound when the contract is established.

Therefore, in a case where the customer is fully aware of the contents of the terms and conditions, such terms and conditions shall be immediately the contents of the terms and conditions and shall be binding on the parties, so the business operator need not explain the contents of the terms

Supreme Court Order 9 September 9, 2010