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(영문) 수원지방법원 2018.04.12 2017나63764
승낙의 의사표시 등
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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is the same as that of the judgment of the first instance, except for adding the judgment on the contents asserted by the plaintiff in this court.

2. The Plaintiff asserts that Article 14(11) of the Lease Agreement with the Defendant, which provides that “When the lessee moves to his domicile after the conclusion of the contract, he shall submit to the Defendant a copy of the resident registration certificate immediately transferred, and if the lessee fails to perform this, all notification to the Plaintiff shall be sent to the previous domicile and its effect shall be deemed to have occurred upon the lapse of 15 days after the date of dispatch, and it shall also be deemed that the address in the contract is inaccurate.” The Plaintiff asserts that Article 14(11) of the Lease Agreement with the Defendant shall be null and void in accordance with Article

The above lease contract is concluded by using the form of the "Mam wave Rental Contract", which is a standardized contract prepared by the defendant in advance in order to conclude a contract with a large number of lessees, and each provision printed in the same text in the above contract constitutes a standardized contract under the Terms and Conditions Act.

Article 12 subparag. 3 of the Terms and Conditions Act provides that a clause that, among the terms and conditions with respect to expression of intent, a business operator’s expression of intent that may seriously affect the interests of the customers shall be deemed null and void, shall be deemed to have reached the customer without reasonable grounds. However, such a clause shall be deemed null and void if the Defendant knew of the change of the lessee’s address, etc. or was aware of the change of address, etc.

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