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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
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 portion added under paragraph (2) below, and thus, it is acceptable by the main sentence of Article 420 of
2. The portion added in the trial;
A. The Defendant asserted that the construction contract of this case was concluded with the purport that the Plaintiff is remarkably unfavorable to the Plaintiff, taking advantage of the poor circumstances that the Plaintiff was faced with economic losses, participation restrictions, etc. due to the continuation of construction work, and that the said contract is null and void in accordance with Article 104 of the Civil Act.
B. Determination 1) Article 104 of the Civil Act provides that “Any juristic act which has manifestly lost fairness due to the party’s poverty, rashness, or inexperience shall be null and void.”
The aforementioned unfair legal 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 flag, rash, or inexperience of the victimized party. The purpose is to regulate flaging, rash, or influence by using flaging, rash, or influence of the injured party. It is sufficient for the injured party to fully satisfy only some of the requirements for establishing the unfair legal act, not all of the requirements that must be met. The term “flaging” refers to “flaging difficulties,” which may be based on economic causes, and may be based on mental or psychological causes. Whether the party was in an imminent state or not should be determined by comprehensively taking into account various circumstances, such as his age, occupation, degree of education and social experience, property condition, and degree of flaging the situation at which the party was faced.