부당한 재판관할약관에 대한 연구 - 대법원 2009.11.13. 자 2009마1482 결정에 대한 분석을 중심으로 -

Abstract

Nowadays standard contract terms take very important role in modern, mass product society, especially in the field of bank, purchase contract. Therefore, it happens very often that people confront problems with the use of inadequate standard contract terms. But the interest of the users can be neglected by the unfair standard contract terms about the litigation court. This study concentrates on analysing the contract terms about the litigation court. The contents of standard contract terms about litigation court should be valid in regard of korean unfair contract terms act and jurisdiction. Standard contract terms about litigation court has some problems. In regard of § 14 unfair contract terms act and its interpretation it is recommended that the contract terms should be revised in concord with the common interpretation of that article. The author has also analyzed court cases about litigation court. The burden of proof should also be valid in regard of § 14 korean unfair contract terms act. Finally, some standard contract terms of litigation court is too vague. Therefore, it should be defined more clearly. The standard contract terms about litigation court, in short, has some problems. It should be enforced clearly afterwards. Then we can avoid unnecessary disputes.