1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Under the main sentence of Article 420 of the Civil Procedure Act, the relevant part of the grounds for the judgment of the first instance shall be quoted in the underlying facts and the parties’ assertion

2. Judgment on the grounds of the primary claim

A. The relevant legal doctrine is established when an unfair legal act under Article 104 of the Civil Act exists from an objective imbalance between payment and consideration, and a transaction which has lost balance as such is conducted by using gambling, rashness, or experience of the victimized party. The purpose is to regulate gambling, rash, or experience of a person in a position of the weak. It is sufficient that the requirement for establishing an unfair legal act is not a requirement, but a part of the requirement is sufficient. The term “fambling” refers to “brut difficulties,” which may be based on economic cause, and may be based on psychological or psychological cause. The term “unexperience” refers to a lack of general experience. It means that the lack of experience in a particular field is not a lack of experience but a lack of experience in general transactions. Whether a party was in a state of gambling or experience or experience should be determined by comprehensively taking into account the following circumstances: the age and experience of the injured party and the degree of the injured party’s intention and degree of damage to the property, and the circumstances of the injured party.

Supreme Court Decision 202Da38927 Decided October 22, 2002; Supreme Court Decision 2002Da38927 Decided October 22, 2002.