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(영문) 대전고등법원 2016.08.26 2015나13346
부당이득반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment of the court of first instance as set forth in paragraph (2) above to the pertinent part, thereby citing it as it is in accordance with the main sentence

2. Additional matters to be determined;

A. The summary of the Plaintiff’s assertion that the Defendants knew of the Plaintiff’s mistake. (1) Around February 1, 2013, prior to the end of February 2013, the notice of the instant agreement was made by the Defendant Research Institute, and (2) as a large research institute with considerable organization, it was well aware that the Defendants did not constitute a public research institute under Article 2 subparag. 5 of the Special Act on the Promotion of Special Research and Development Zones, which is qualified to participate in the instant project. Nevertheless, the Defendant Research Institute, together with the Defendant Company, filed an application for support for the instant project with the Defendant Company, and concluded the instant agreement with the opportunity that the Plaintiff would not become a member of the Defendant Research Institute. Accordingly, the instant agreement was concluded by the Plaintiff due to gross negligence, but the Defendants were aware of the Plaintiff’s mistake and concluded by using it, so the Plaintiff’s expression of intent cannot be deemed to have been cancelled due to gross negligence, and thus, the Plaintiff’s expression of intent is not aware of the other party’s expression of intent.

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