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(영문) 서울고등법원 2020.11.27 2020나2019089

부당이득금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The reasoning of this part of the plaintiffs' assertion is that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

Judgment

In the advertisement of the goods to be judged on the claim against the primary defendant C, if the specific facts about the important matters of the transaction are falsely notified in a manner to the extent to be criticized in light of the duty of good faith in the advertisement of the goods to be judged, it shall be deemed that the advertisement constitutes a deception. However, the advertisement accompanied by a somewhat exaggerated exaggeration in the advertisement shall be deemed to lack of deception as long as it

(See Supreme Court Decision 9Da55601, 55618 delivered on May 29, 2001). In addition, in order to cancel a juristic act on the ground that a motive mistake constitutes an error in the important part of the contents of a juristic act, the motive should be indicated to the other party as the content of the declaration of intent, and such motive should be indicated to the effect that it constitutes an element of a juristic act by interpretation of the declaration of intent

(2) In light of the purport of the entire pleadings in the testimony of Gap evidence Nos. 7, 9, and 10 (including each number if any) and the witness L (hereinafter "L") of the first instance court, the sales agency of the building of this case produced the sales promotion material (hereinafter "sale promotion material of this case") with the KS mark marked on the part of the unit including subparagraph J of this case based on the sales contract of this case, and with the expected return rate of return on the shop occupants (hereinafter "sale promotion material of this case"), the employee in charge of the sales of the I explained the plaintiffs that K was located in the building of this case while providing counseling on the sale of this case using the promotion material of this case. The plaintiffs are aware that the sales contract of this case was concluded with the above explanation.

3. However, the above evidence is the witness V of the first instance court.