위약벌
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, except for adding the following arguments to this court, and the fact-finding and judgment in the court of first instance are justified even based on the evidence submitted in the court of first instance.
Therefore, the reasoning for the court’s explanation on the instant case is as follows: (a) adding “A” between “A” and “the instant case” under Section 13 of the judgment of the first instance court; (b) adding “K” under Section 14 as “K,” and “K,” under Section 19 as “A,” respectively; and (c) adding “A court” under Section 419 as “the first instance court”; and (d) adding “the following additional determination” as to the assertion added by the Defendant to this court, it is identical to the part of the reasoning of the judgment of the first instance, and thus, it is cited under the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant’s assertion that there exists a significant imbalance between the Defendant’s performance and the Plaintiff’s consideration based on the instant letter of performance, and at the time, the Defendant was in the state of poverty, rash or experience, and there was a bad faith in doing so to the Plaintiff, and thus, the preparation of the instant letter of performance, etc. is null and void as an unfair legal act under Article 104 of the Civil Act.
B. (1) Determination is based on the existence of an objective imbalance between performance and benefit in return, and a subjectively unfair legal act is established when a transaction that lost balance is conducted using gambling, rashness, or inexperience of the victimized party. The purpose of the act is to regulate gambling, rash, or inexperienced experience of the victimized party. The requirement for establishing an unfair legal act is not a requirement, but a part of the requirement is not a requirement.