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(영문) 부산지방법원 2015.01.23 2014나8582
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. The reasoning of the judgment by the court of first instance is as stated in the part of the reasoning of the judgment by the court of first instance, except where the following is added to the third and seventh parts of the judgment by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Note: (A) The Defendant asserted that the agreement in this case was null and void as an unfair legal act in accordance with Article 104 of the Civil Act, since the agreement in this case has been reached with the lack of legal knowledge. However, in order to conclude that a certain legal act is unfair, the agreement in this case shall be biased on the party’s womb, rash, or experience, and the result shall be remarkably unfair in light of social justice. In light of the agreement process between the Plaintiff and the Defendant, it is difficult to recognize that the agreement in this case was reached by taking advantage of the Defendant’s path, rash, or inexperience, and there is no evidence to acknowledge it otherwise, and therefore, the Defendant’s assertion in this part is without merit.

[Judgment]

2. Thus, the judgment of the court of first instance that accepted the plaintiff's claim against the defendant is justifiable, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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