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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 and 2
A. Article 3 of the Act on the Regulation of Terms and Conditions provides that an enterpriser shall specify the terms and conditions in a generally anticipated manner depending on the type of contract and explain to the customer the important contents of the terms and conditions so that the customer can understand them, and that if a contract is concluded in violation of this, the said terms and conditions
As above, a business entity’s duty to specify and explain the terms and conditions is based on the reason that the customer is not aware of the content of the terms and conditions and is able to avoid unexpected disadvantages to the customer as the content of the contract. Thus, even if the terms and conditions are prescribed in the terms and conditions, if the customer could have sufficiently anticipated without any separate explanation or if it is merely a degree that the customer would repeat or neglect the contents of the terms and conditions already prescribed in the laws and regulations, the business entity cannot be deemed to have the duty to explain
(2) “Administrative rules” refer to the statutes naturally applicable to the pertinent contract. As such, the so-called administrative rules issued by a superior administrative agency to a subordinate administrative agency on the business process guidelines or the standards for the interpretation and application of statutes are not applicable to cases where a provision of statutes grants the authority to determine specific matters of the relevant statutes to an administrative agency, thereby supplementing the contents of statutes, and the content thereof does not constitute an exceptional case having the effect of external binding legal order, as it does not go beyond the bounds of delegation of statutes.
In addition, the extent to which the terms and conditions are already prescribed by the laws and regulations.