1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. The reasoning of the judgment of the court of first instance cited the part concerning the plaintiff's claim for return of unjust enrichment against the defendant among the grounds of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases, since the last 5th to 9th to 8th of the judgment of the court of first instance is the same as that of the judgment of the court of first instance

2. (2) An unfair legal act under Article 104 of the Civil Act is established when there exists an objective imbalance between payment and consideration, and a transaction which has lost balance as such is conducted using gambling, rashness, or experience of the victimized party. The purpose of the act is to regulate gambling, rash, or experience of the injured party. The requirement for establishing an unfair legal act is not all the requirement, but only a part of the requirement is sufficient. Here, the term “pathmbling” refers to a “brut situation” and may be based on an economic cause, and may be based on mental or psychological cause. Whether a party was in an imminent condition is determined by taking account of various circumstances, such as his age and occupation, degree of education and social experience, property condition, and degree of gambling, etc., of the victimized party. In the meantime, even if the party did not have any intention to use the act, it is determined that there was no objectively gambling, or there was no intention to use the act.