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 reasoning of the court's explanation concerning this case is as follows, except for the part of "whether the part of the agreement in this case giving up 3% interest per annum on the sale price paid by the plaintiff constitutes an unfair legal act under Article 104 of the Civil Code" as stated in the main sentence of Article 420 of the Civil Procedure Act, the court's explanation concerning this case is the same as the written decision in the first instance court, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In a case where an unfair legal act under Article 104 of the Civil Act of the part to be used is established when there exists an objective imbalance between benefit and benefit in return, and a transaction which has lost balance as a subjectively, is conducted using the brush, rash or experience of the victimized party. The purpose of the act is to regulate the brush, rash orless experience of the victimized party. The requirement for establishing an unfair legal act is not all the requirement, but only a part of the requirement is sufficient. The term “pathm” refers to a “brut situation,” which may lead to an economic cause, and may be based on mental or psychological cause. Whether the injured party was in an imminent state or not should be determined by taking into account various circumstances such as his age, occupation, education and social experience, property condition, and the degree of the brush situation. Meanwhile, even if the injured party was aware of the intention of the other party to use the act in bad faith, the other party did not have any specific intent to use it.

If there is no significant imbalance between payment and consideration, the Civil Code shall be applied.