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TITLE [Objection to Claim]Supreme Court Decision 2008Da16950 Delivered on July 10, 2008 [full Text]
Summary
[1] In a case where a party to the contract pre-printed a standardized contract form but there was an individual negotiation as to a certain special agreement clause at the time of contract formation, whether such special agreement clause is subject to the Regulation of Standardized Contracts Act (negative) and the elements for the recognition of the existence of such an individual negotiation [2] The case holding that in a case where a real property lessor concluded a lease contract with a pre-printed lease contract, the damages clause related to the delay in delivery of the lease property or restoration to the original condition under the contract shall be deemed as a standard contract term and it is invalid as a clause that imposes unfairly excessive liability upon the lessee under Article 8 of the Regulation of Standardized Contracts Act..
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