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Fundamental Unfairness

1. Fundamental unfairness

  • laesio enormis
  • usury (Regulation of Interest Act)
  • Consumer Contract
  • Art. 339
  • Arts. 607, 608
  • Art. 652

2. Art. 104

  • unfairness of the bargain
    • imbalance of exchange
    • At the time of the contract
    • But, see 65Da610: Contract upheld if it is not unfair at the time of performance (The case was about an accord and satisfaction. Court ruled that unfairness must be determined not at the time of the accord, but at the time of the satisfaction)
  • circumstances affecting the party
    • dire circumstances
    • rashness
    • inexperience

3. Causal connection and intention

  • Intention to use the circumstances affecting the party as a leverage.

4. Null and void

  • Restitution
  • Ob turpem, iniustam causam?

5. Cases

  • 94Da34432 (Art 103)(Kukche Group)
  • 93Da49482 (Duress)(Shinhan Investment Financing, owned by a son-in-law of KukChe Group's Mr. Yang)