1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the argument that the defendant added as the reasons for appeal by the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant’s assertion that the loan certificate of this case was made by using the Defendant’s old-age, experience, and legal act, which had been a minor at the time, is null and void as a juristic act of which the fairness has been considerably lost pursuant to Article 104 of the Civil Act.

B. An unfair legal act stipulated in Article 103 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 established when it was conducted using gambling, rashness, or inexperience of the victimized Party. The purpose of this is to regulate an act of undue use of gambling, rash, or experience of a person in a critical position. Even if the victimized Party was in the state of gambling, rashness, or experience of the injured Party, it does not constitute an unfair legal act in the absence of bad faith (see, e.g., Supreme Court Decision 200Da54406, 5413, Sept. 4, 2002). In this case, the Defendant concluded the contract of this case under the state of gambling, rash, or bad experience as stated in Article 104 of the Civil Act.

There is no evidence that the instant contract constitutes an unfair juristic act in which the fairness is considerably lost.

Furthermore, there is no evidence suggesting that the Plaintiff had the intention to use the Defendant’s old-age, rashness, or inexperience with knowledge of the fact that the Plaintiff had been in a state of her old-age, s

Therefore, this part of the defendant's assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.