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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On September 12, 2013, the Defendant, who escaped from North Korea, was staying in the Chinese Peninsula, agreed to pay five million won after entering the Republic of Korea to the Plaintiff, who helps North Korean defectors to enter the Republic of Korea.
B. The Defendant, who received the Plaintiff’s aid, started from the road and went beyond the Chinese border, and went to the Republic of Korea via third countries, such as Thailand, beyond the Chinese border.
【Reasons for Recognition Gap’s Evidence No. 1, and the purport of the whole pleadings
2. According to the determination on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 5 million and the damages for delay calculated at the rate of 20% per annum from June 5, 2014 to the day of full payment, which is the day following the delivery of the instant complaint, for which the Plaintiff notified the Plaintiff to perform.
3. Defendant’s assertion and judgment
A. The defendant's argument first, the North Korean brokerage contract is null and void because it is a contract that has considerably lost fairness that was concluded by taking advantage of the defendant's critical condition. Second, even if the contract is valid, the plaintiff had the defendant be repatriated to North Korea, and the plaintiff was placed in default, and all expenses were borne by the plaintiff. The defendant spent 400,000 won and paid 90,000 won Handphones to the plaintiff's leader, and if it included consolation money, the damage claim amounting to 3 million won is set off with the claim.
B. (1) In full view of the aforementioned facts as to the allegation of invalidation first, the fact that the Defendant entered into the instant agreement while the North Korean defectors staying in China, who had to show an uneasy time to avoid crackdown on the Chinese public peace, is recognized.
However, the Plaintiff entered the Republic of Korea in accordance with the instant agreement, and ② the Plaintiff.