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TITLE | Supreme Court Decision 2021Da308030 Decided November 28, 2024 ¡¼Payment of Mileage¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] Requirements to view that any clause in the terms and conditions shall be null and void on the grounds that it, as a clause that is unreasonably unfavorable to customers, corresponds to ¡°any clause in the terms and conditions which is not fair in contrary to the principle of trust and good faith¡± and standard of making a judgment thereon [2] In a case where Airline A and others revised their terms and conditions to introduce an expiration period of about 10 years in relation to their mileage, and Mileage Holder B and others, arguing that any clause in the revised terms and conditions, as a clause that is unreasonably unfavorable to customers, is not fair and thus, invalid against Airline A and others, sought the payment of expired miles, the case holding that the judgment of the lower court, which determined that it is difficult to view that a clause in the above terms and conditions corresponds to ¡°a clause which is unreasonably unfavorable to customers¡± as referred to in Article 6(2)1 of the Act on the Regulation of Terms and Conditions or ¡°any clause in the terms and conditions which is not fair in contrary to the principle of trust and good faith¡± as referred to in Article 6(1) of the above Act, is just |