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(영문) 대법원 2017.12.05 2017다252987
손해배상(기)
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff C’s ground of appeal on the provision of the Additional Claim Agreement

A. In a case where one party to a contract prepared a prior contract in a certain form in order to conclude a contract with a large number of other parties and presented it to one party, if the other party had an opportunity to adjust his/her interests by negotiating a specific provision (or interested parties) with the other party, such specific provision shall be deemed an individual agreement not subject to the Regulation of Terms and Conditions Act (hereinafter “Terms and Conditions Act”).

In order to establish the existence of an individual negotiation, even though the result of the negotiation does not necessarily appear in the form of changing the content of a specific provision, it is necessary to make changes in the content by exercising influence after sufficiently reviewing and considering the relevant specific provision on an equal footing between the parties who prepared the specific provision and the parties who prepared it.

(see, e.g., Supreme Court Decision 2008Da16950, Jul. 10, 2008). B.

Based on the facts stated in its reasoning, the lower court, based on the fact that some agents joined the Damage Agency Council and filed a lawsuit for the payment of compensation against the Defendant, and that, in order to prevent an agency owner who did not join the Damage Agency Council of the Plaintiff C from filing a lawsuit similar to the Defendant in advance and to normalize the Defendant’s business, the relevant agency owner would not demand the Defendant to pay additional money or claim the right to claim the payment of the additional money in addition to that stipulated in the Biological Convention in relation to the enforcement of the purchase of the instant case.

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