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(영문) 서울중앙지방법원 2020.07.08 2019나69355
채무부존재확인
Text

1. The plaintiff's appeal is 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 reasons for the acceptance of the judgment of the first instance are as follows: (a) the Plaintiff added “2.2 additional determination” to the assertion that the Plaintiff emphasized or added as the grounds for appeal in this court; (b) the last 3rd act of the judgment of the first instance is “in June 2015,” and “as of August 31, 2015,” and “as of August 31, 2015” to “as of August 31, 2015,” it is identical to the reasons for the judgment of the first instance; and (c) thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) The Defendant’s C Contract constitutes a standardized contract prepared in advance for soliciting a large number of insurance solicitors. However, in light of the following: (a) the Defendant’s branch office head and manager of the branch office and manager of the branch office of the Defendant were aware that it is not subject to redemption; (b) the Plaintiff submitted a resignation document without obtaining confirmation from the Defendant’s branch office head and manager, etc., and without applying for postponement of redemption; and (c) the standardized contract should be objectively and uniformly interpreted based on the customer’s understanding possibility; and (d) if the meaning of the standardized contract is unclear, the meaning of the standardized contract should be interpreted in favor of the customer. In addition, the interpretation of the standardized contract should be interpreted fairly and reasonably in light of the purpose and purpose of the standardized contract in good faith, and the interpretation of the standardized contract should be interpreted fairly and reasonably based on the objective and objective understanding of the standardized contract without considering the individual party’s intent or intent.

Even after the above interpretation, if the meaning of the terms and conditions is unclear, such as the objective multiple interpretations and their respective interpretations are reasonable, it is not clear to the customer.

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