청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for this Court’s acceptance of the judgment of the court of first instance concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff’s additional assertion as stated in the following 2.2. Thus, this Court shall accept it as it is in accordance with the main sentence of
2. Details to be added; and
A. The Plaintiff’s agreement of this case is null and void in a juristic act that has considerably lost fairness due to the following reasons: (a) the party’s old-age, rashness, or inexperience of a party under Article 104, Article 104, Article 104, of the
Any juristic act whose contents are an unreasonable act or which violates the good morals and other social order under Articles 103 and 103 of the Civil Act, shall be null and void.
(1) asserts that it is invalid as an evasion of law.
In the instant agreement, the Defendant’s claim for the payment of investment profits is unilaterally delegated as the date of payment of investment profits is not stipulated in the instant agreement. The Plaintiff’s assertion is without merit, on the ground that the instant agreement is unreasonable or it is insufficient to recognize it as invalid as an evasion of the law, solely on the ground that the Plaintiff agreed to return KRW 1.4 billion, which is an amount of KRW 700 million of the investment principal, until May 30, 2017, remaining from April 25, 2017, which was the date of preparation of the instant authentic deed.
B. The Plaintiff asserted that the instant agreement was changed to a monetary loan for consumption by preparing the instant authentic deed.
The notarial deed of this case, which was prepared to assign an executive title to the agreement of this case, may also be executed on the basis of any of the following subparagraphs:
4. A notarial deed prepared by a notary public with respect to a claim aimed at a certain amount of money or a certain amount of money or valuable instruments, in which the debtor has consented to compulsory execution.