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(영문) 부산고등법원 2017.05.18 2016나1441
부당이득금 반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the ground for the judgment maintaining the conclusion of the judgment of the court of first instance as stated in paragraph (3), which is insufficient to recognize the plaintiff's assertion, and the result of the defendant principal examination of the court of first instance additionally rejected the plaintiff's assertion of revocation by mistake in the agreement of second instance, and the court of first instance additionally determined as to the plaintiff's assertion of revocation by mistake in the agreement of second instance, and added

2. Parts to be determined additionally

A. The Plaintiff’s assertion that the obligation against the Defendant under the Notarial Deed of this case was extinguished by either repayment or exemption.

However, since there is still a notarial deed, there was a mistake that the defendant may bear an obligation based on it, and thus, 120,000 won was paid to the defendant and 20,000 won was decided to bring an action.

The above sub-committee agreement shall be revoked on the ground of mistake.

(b) The decision-making panel agreement is a settlement agreement under which the parties agree to terminate a dispute by mutual concession.

In the case of the conclusion of a settlement contract under the Civil Act, the parties to the settlement may not cancel it on the ground of mistake: Provided, That the parties to the settlement may cancel it only when there is an error in matters other than the dispute which is the object of the settlement, and the term "matters other than the dispute which is the object of the settlement" in this context means the matters which are the premise or basis of the dispute, not the object of the dispute but the subject of the dispute

(see, e.g., Supreme Court Decision 2004Da53173, Aug. 19, 2005). There is no evidence to prove that the Plaintiff entered into an agreement by mistake in the instant case.

Even if, as alleged by the Plaintiff, the agreement to bring an action was concluded by mistake.

In addition, the non-committee agreement under the second letter is the case.

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