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(영문) 부산고등법원 2015.12.16 2015나3891
물품대금반환
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 for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition of the following items of the judgment of the first instance, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4, "No. 13 evidence" in Part 11 shall be changed to "No. 9 and No. 13-1".

The following parts shall be added to Chapter 14:

【 Above all, the Defendant voluntarily dispatched the sixth degree East C in English to Katar to manage the exhaustritr apparatus (see, e.g., preparatory documents, records No. 223, 229, 230, Apr. 22, 2015). The Defendant’s explanation alone is difficult to obtain the Defendant’s explanation that the Defendant did not receive C’s assistance at the time of entering into the instant sales contract. Furthermore, as alleged by the Defendant, if the instant sales contract was concluded by the Defendant’s deception, it is merely a mere fact that the Defendant did not take any measures to remedy the Plaintiff (D), including criminal complaints, it is difficult to obtain the reasons that the instant sales contract was revoked merely by mistake. In addition, the Defendant asserts that the instant sales contract was revoked. In other words, the Defendant’s expression of intent on grounds of mistake affected the Defendant’s expression of intent, as well as the fact that there was a mistake in the content of the legal act, and that it would not have been proven that the Defendant would not have made any mistake (see, see, e.g., Supreme Court Decision 20087Da187.

It is not sufficient to recognize that the sales contract of this case was not concluded if there was no such error, and otherwise support it.

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