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(영문) 서울고등법원 2017.02.22 2016나2034241
채무부존재확인
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation concerning this case, such as the quotation of the judgment of the court of first instance, is the same as that for a counterclaim among the reasons for the judgment of the court of first instance, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following cases:

On April 10, 2010, the Plaintiff entered into a claim recovery agreement with C-electronics on April 10, 2010 with respect to the collection method of the price of the goods, and the method of claim recovery stated in the claim collection agreement (Article 3) is the same as the payment method specified in the said contract for the goods (Article 4).

The parallel 10, 15, 12, and 5 are as follows:

(2) As to this, the Defendant’s contract and the claim collection contract of this case to the effect that only if there is an amount remaining after deducting the principal and interest of PF and reserved money from the Plaintiff’s profits, the due date of the instant claim for the payment of the goods of this case shall become due (hereinafter “instant contract clause”).

(2) Article 6(2) of the Act on the Regulation of Terms and Conditions constitutes a standardized contract which is subject to regulation under the Act, and Article 6(2) of the same Act asserts that the contract of this case constitutes an unfair legal act under Article 104 of the Civil Act and thus null and void since the contract of this case constitutes an unfair legal act under Article 6(2) of the same Act (a clause which is unreasonably unfavorable to a customer, a clause which is difficult for a customer to anticipate in light of all relevant circumstances, such as the type of transaction of the contract, and a clause which restricts essential rights under the contract to the extent that it is impossible to achieve the purpose of the contract, and thus is presumed null and void pursuant to Article 7(1) of the same Act

(b)terms;

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