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 reasons why the court should explain in this decision are to use part of the reasoning of the judgment of the court of first instance as follows. In addition to the addition of the defendant's argument to "paragraph 3", the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Part 2 of Section 4 of the first instance court's decision " alone is written with the statements in Section 1 to 3," stating that "The evidence submitted by the Defendant to this court by the present court, including each statement in Section 1 to 8 (including the number of pages) and the circumstances in its arguments, shall be considered."

(b)the following shall be added between conduct 14 and 15 of the judgment of the first instance.

Furthermore, an unfair legal act stipulated in Article 104 of the Civil Act is aimed at regulating an act of brushing, rashness, or influence by a person in a critical position. Therefore, even if the injured party was in an imminent state, if the injured party was aware of the circumstances on the part of the injured party, and thus, he/she did not constitute an unfair legal act as stipulated in Article 104 of the Civil Act, unless he/she was aware of such intent to use it, i.e., bad faith, or there was no significant imbalance between payment and consideration objectively (see, e.g., Supreme Court Decision 2013Da40353, 40360, Sept. 26, 2013).

C. Article 14-15 of the 7th judgment of the court of first instance provides that “The circumstance cited by the Defendant alone is that the Defendant submitted all the evidence submitted by the Defendant to this court and the circumstances surrounding the assertion.”

3. Additional determination

A. The Defendant’s summary of the assertion also states that the amount of KRW 1 billion from January 2015 to December 24, 2015 (24% per annum) shall be paid, even if the instant statement of confirmation was submitted.