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(영문) 서울남부지방법원 2015.11.12 2015나54566
주식대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this case are referred to in the main sentence of Article 420 of the Civil Procedure Act as it is, in addition to the fact that the statement of "and No. 8" in Part 9 of Part 5 of the judgment of the court of first instance is used from "and No. 11" to "the statement of No. 8" as follows.

[Supplementary to the reasoning of the judgment below, the court below erred by misapprehending the legal principles of evidence No. 1 and No. 1 and No. 8, and did not err by misapprehending the legal principles of evidence No. 1 and No. 1 and No. 8, and did not err by misapprehending the legal principles of evidence No. 1 and No. 1 and No. 8, and did not err by misapprehending the legal principles of evidence No. 1 and No. 1 and No. 2.

B. The Defendant’s assertion cannot be accepted solely on the ground that Plaintiff B received benefits of KRW 3.4 million each month from July 2013 to November 201 of the same year from the company.

In addition, an error in the financial status of the company alleged by the defendant is not an error in the agreement of this case, but an error in the motive that led to the conclusion of the agreement of this case. In order to cancel the contract on the ground of a motive mistake, the motive is indicated to the other party and the motive must be the mistake in the important part of the contents of the legal act. However, there is no evidence to support that the above motive error of the defendant is indicated to the plaintiffs and that it was an important part of the contents of the agreement of this case. Thus, the defendant's argument for cancellation is without merit.

2. If so, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit.

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