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| TITLE | Supreme Court Decision 2021Da308030 Decided November 28, 2024 【Payment of Mileage】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [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 | |
