[약속어음금][집25(3)민243,공1977.12.15.(574) 10384]
The case holding that the act of issuing a bill does not constitute "if there is an error in the important part of the contents of the law" as a ground for cancellation.
Even though the agreement between the parties causing the issuance of a promissory note and the agreement between the parties concerned is somewhat misleading that indecent act by compulsion was caused by rape, it cannot be said that there was an error in the contents of the legal act.
Article 109 of the Civil Act
[Judgment of the court below]
Defendant Kim Young-ro, Counsel for the defendant-appellant
Daegu District Court Decision 77Na116 delivered on July 20, 1977
The appeal is dismissed. The costs of appeal are assessed against the defendant.
Judgment on the Grounds of Appeal Nos. 1, 2, and 3 by Defendant Attorney;
According to the judgment of the court below, the plaintiff's act of issuing this promissory note was no longer likely to cause harm to the non-party 1, and the non-party 2's act of issuing this note was no longer likely to cause harm to the non-party 1, and the non-party 1's act of issuing this note to the non-party 7's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 1's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's non-party 1's defendant's non-party 2's non-party 1's non-party 1's defendant's non-party 2's non-party 2's defense.
Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Han-jin (Presiding Justice)