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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the Plaintiff’s addition of the following additional determination as to the assertion emphasized or added by the court of first instance, and thus, it is acceptable as it is in accordance with the main sentence
2. Additional determination
A. The Plaintiff, as the Plaintiff was in an elementary school, paid KRW 3 million prior to the conclusion of the instant sales contract with social experience. The sales contract was concluded with KRW 931,73,00, but the real value was not more than KRW 700,000,000. The building in which the instant commercial building was located was installed at the time of the conclusion of the instant sales contract, but the safety fences for construction were installed at the time of May 18, 2018, but only the design drawings were reported only as the first land at the time of the commencement of the construction but the design drawings were not possible. The Plaintiff, as the Plaintiff was not aware of the design drawings, was entering into the instant sales contract based on deceptive act with the same species as the Defendant’s present team leader at the end of the F.O.’s team leader at the time of the instant sales contract. Moreover, the Plaintiff, as the Plaintiff was too small and solid, made it difficult to read the instant sales contract with the Plaintiff and the Plaintiff did not depend on the Plaintiff’s legal act as an employee of the sales agent.
However, an unfair legal act stipulated in 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 a subjectively, took place using the flag, rashness, or inexperience of the victimized Party. The act is established using the flag, rash, or experience of a person who is in the socially weak position.