All
| TITLE | [Revocation of Corrective Order, etc.]Supreme Court Decision 2007Du20812 Decided October 29, 2009 [full Text] |
|---|---|
| Summary | |
| [1] Whether any civil case which involves disputes concerning the interpretation of contract shall be excluded from the application of the Monopoly Regulation and Fair Trade Act (negative) [2] The standards for determining the position of an enterpriser for conducting ""the abuse of position in trade"" prescribed in Article 23 (1) 4 of the Monopoly Regulation and Fair Trade Act [3] The case holding that in case of loan transactions which are made between the financial institution and the individual, the financial institution is in a position relatively superior to customers, or at least capable of considerably affecting transactional activities of counter parties [4] The method of determining whether an act falls into the category of ""offering disadvantages to other parties by unreasonably taking advantage of position in trade,"" under offering disadvantages provided by Article 36 (1) [Attached Table 1] subparagraph 6 item (d) of the Enforcement Decree of the Monopoly Regulation and Fair Trade Act [5] The case holding that a financial institution's act of fixing loan benchmark interest rate although most of market interest rate decreased by 30% after the financial institution sold floating rate-mortgage loans to customers, is against normal transaction practices, and thereby it is considered an act of unreasonably offering disadvantages that is likely to impede a fair trade | |
