beta
(영문) 서울고등법원 2017.05.19 2016나208626

보증금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 9 of the first instance court's Act No. 9 of the first instance court's Act No. 9 of the first instance court's Act No. 9 of the second instance court's Act No. 9 of the second instance court's Act, "C. 9 of the first instance court's Act", "F. 10 of the first instance court's Act No. 10 of the first instance court's Act, "F. ," "F.", "F. 9 of the first instance court's Act No. 9 of the second instance court's Act, "F. ," and "F. 9 of the first instance court's Act No. 9 of the second

“E. The Plaintiff,” Article 5 of the Act on the Regulation of Terms and Conditions, Etc. (hereinafter “Standard Terms and Conditions Regulation Act”).

) Although the main part is the duty of explanation and explanation, the Defendant cannot assert it as the content of the contract since it did not explain or specify it while entering into the instant guarantee contract, or unless Article 5 of the terms and conditions of the instant guarantee contract applies to long-term continuing construction projects, the above provision is a content that transfers the risk that the Defendant should bear to the Plaintiff, a guarantee creditor, without reasonable grounds, and thus, is unfair in violation of the principle of trust and good faith (Article 6(1) of the Regulation of Standardized Contracts Act), Article 6(2)1 of the Regulation of Standardized Contracts Act, Article 6(2) of the Regulation of Standardized Contracts which unreasonably unfavorable to customers (Article 7 subparag. 2 of the Regulation of Standardized Contracts Act), and Article 7 subparag. 3 of the Regulation of Standardized Contracts Act that limits the scope of the enterpriser’s compensation without reasonable grounds or limits the enterpriser’s liability for warranty (Article 7 subparag. 3 of the Regulation of Standardized Contracts

The term "customers" under the Act on the Regulation of Terms and Conditions as a party to a contract shall include the terms and conditions of the business operator as a party to the contract.