logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.13 2018나2025463
매매대금
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 reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment on the defendant’s assertion by this court under Paragraph (2) below, and thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

(In addition, the court of first instance's finding of facts and determination are justified even if the evidence submitted by the defendant to the court of first instance was added to the statements in Eul evidence Nos. 25 to 41 and the testimony of O of the witness at the court of first instance as well as the witness at the court of first instance submitted by

A. From the defendant's argument, acquiring shares and management shares of the instant association which acquired the shares and management rights of H was the premise for the conclusion of the instant contract, and the plaintiff also knew of this fact as the premise for the instant contract. Thus, it should be deemed that there was a mutual agreement between the plaintiff and the defendant as to this point. However, even if not, such content was written as a juristic act, or as a natural ground for both parties, it became the content of the instant contract.

The defendant concluded the contract of this case by causing mistake in the above point, and the contract of this case is revoked by service of the preparatory document dated October 16, 2018.

B. In order to cancel a juristic act on the ground that the mistake in the motive of judgment 1 falls under the mistake in the important part of the contents of the juristic act, it is sufficient to indicate the motive to the other party as the content of the declaration of intention, and it is deemed that it is the content of the juristic act in the interpretation of the declaration of intention, and it is not necessary to reach an agreement to separately consider the motive as the content of the juristic act between the parties as the content of the declaration of intent. However, the mistake in the contents of the juristic act is an important part to the extent that it would not have been deemed that the general public

arrow