Error of elements of a compromise contract

With respect to a compromise contract, any dispute other than a dispute which has become the object of qualification of the parties to the compromise or the objective of the compromise may contest the effect of the compromise contract by reason of an error, and if there is any ground for cancellation, it may assert the cancellation.

Articles 109 and 733 of the Civil Act

Kim In-su

E. H. H. H. H.

Seoul High Court Decision 59 civilian 69 delivered on September 18, 1959, Seoul High Court Decision 2005Da1548 delivered on September 18, 2059

As long as a settlement contract is effective, even if there is an error on the basic matters in the dispute that is the object of the dispute that is to be resolved through the settlement, it cannot be asserted the invalidity of the settlement contract on the ground of such error. However, a dispute other than the dispute that is the object of the settlement, which is the object of the settlement, may dispute the validity of the settlement contract on the ground of a mistake, only when there is an error on the matters that are the elements of the settlement contract, and at the time when there is a reason for cancellation, an error in the plaintiff's assertion that there is an intention to pay the amount agreed upon in the settlement contract, the plaintiff's deception by deceiving the plaintiff in spite of the intention that the defendant did not have an intention to pay the amount agreed upon in the settlement contract, and the plaintiff's mistake cannot be said to be an error in the elements of the expression of intention, but it cannot be said to fall under the ground for cancellation (the plaintiff's application for cancellation of this clause is groundless).

Justices Lee In-ok (Presiding Justice)