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(영문) 서울고등법원 (춘천) 2018.11.07 2018나1099
입회계약 연장 확인의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for “a supplementary or supplementary part” under the following, and thus, the same is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The following shall be added between the 4th day of the first instance judgment and the 17th day of the 16th day.

The Plaintiff’s right to raise an objection to the extension of the pertinent membership agreement, as alleged by the Defendant, is interpreted as stipulated in Article 4(3) of the instant membership agreement, and even if the Defendant’s right to raise an objection is interpreted as stipulated in Article 6(3) of the instant bylaws, the instant rules of association are governed by the Regulation of Standardized Contracts Act (hereinafter “Terms and Conditions Act”).

(2) According to Article 3 of the Terms and Conditions Act, inasmuch as a standardized contract constitutes a standardized contract under this case, the Defendant clearly stated the contents of the bylaws of this case to the Plaintiff in a manner generally anticipated according to the type of the contract, and explain to the Plaintiff the important contents of the bylaws of this case to be understood by the Plaintiff. If the Defendant entered into the instant membership contract in violation of the duty to explain clearly, the instant rules cannot be asserted as the content of the instant membership contract. However, there is no evidence to acknowledge the fact that the Defendant clearly explained the contents of Article 6(3) of the Rules of this case to the Plaintiff at the time of entering into the instant membership contract, there is no evidence to acknowledge the fact that the Defendant clearly explained the contents of the rules of this case to the Plaintiff. (In light of the above, the Defendant asserts that the contents of the bylaws of this case are large and thus, it is the instant membership contract that the Defendant selected

) The foregoing provision cannot be deemed to be incorporated into the content of the instant membership agreement. Accordingly, the Defendant’s assertion on this part is without merit, and the Defendant’s 6th five to nine parallels in the first instance judgment are made as follows.

Article 1 of the Terms and Conditions (C) of the Act shall apply to the transaction of a business entity.

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