beta
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. As to the instant case cited in the judgment of the court of first instance, the reasons for this court’s explanation are as follows: (a) adding Eul evidence No. 6 to the column for recognizing the facts alleged in paragraph (1) among the reasons for the judgment of the court of first instance; and (b) adding the judgment on the Plaintiff’s assertion in the trial of the court of first instance to the grounds for the judgment of the court of first instance, thereby
【Additional Contents】
A. Summary of the Plaintiff’s assertion 1) The instant mortgage contract is governed by the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”).
2) Since the Defendant violated the duty to explain clearly the provisions related to the scope of the secured obligation of the instant case (Article 1 subparag. 1, hereinafter “instant provision”) and thus, cannot be asserted as the content of the instant contract pursuant to Article 3(2) through (4) of the Act on the Regulation of Terms and Conditions.
3) The terms and conditions which lose fairness in violation of the principle of trust and good faith are null and void, and the contents of the terms and conditions are presumed to be unfairly unfavorable to customers pursuant to Article 6 of the Act on the Regulation of Terms and Conditions. In addition, the defendant is an evasion of law to unjustly avoid the regulation of the Terms and Conditions Act. Accordingly, the provision of this case is null and void as it constitutes unfair terms and conditions. (B) Determination on the plaintiff's assertion 1) In the event that the agreement is made between the bank and the establisher of the right to collateral security agreement, a so-called comprehensive collateral security agreement to secure all obligations arising from the bank's credit transaction, which is established when entering into a mortgage contract with the bank, is written in the form of a standardized contract printed in the same letter.
(b)if any;