logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.14 2015나2020511
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the first instance judgment No. 5 of the part that is dismissed or added, “Defendant is a e-mail” shall be deemed to be an e-mail by the Plaintiff.

From the 7th judgment of the first instance, the 11th to the 18th judgment are as follows.

As to this, the plaintiff asserts that the contract of this case is merely a standardized contract, and that the defendant did not explain it to the plaintiff, the ground for termination under the contract of this case cannot be considered as the content of the contract of this case.

According to the purport of Gap evidence No. 1 and the entire oral argument, it is recognized that the contract of this case was prepared by the defendant in advance in order to conclude a contract with a large number of unspecified parties intending to act as an entrusted agency as the plaintiff, and therefore, it is reasonable to deem that the contract of this case constitutes a standardized contract under the Regulation

Furthermore, we examine whether the defendant violated the duty to explain under the Regulation of Standardized Contracts Act.

Where an entrepreneur enters into a contract with a customer using a standardized contract, he/she shall provide the customer with an opportunity to know the contents of the standardized contract by specifying the standardized contract in a generally anticipated manner according to the type of the contract, and explain the important contents of the standardized contract to the customer so that the customer can understand them. The term "important contents" subject to the duty to explain refers to matters that the customer may directly affect whether or not to enter into a contract or whether to take any action after concluding a contract in light of social norms, and what constitutes an important contents among the standardized contract.

arrow