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(영문) 청주지방법원 2018.03.30 2017나14117
매매대금반환
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 reasons for the acceptance of the judgment of the court of first instance are as follows: ① (a) the Defendant added “monthly net profit and net profit” to the Plaintiff, ② the testimony of the witness F of this court against the facts recognized by the court of first instance; and (b) the addition of “additional Judgment” to “Additional Decision 2.” under the main sentence of Article 420 of the Civil Procedure Act, and thus, the same shall be cited pursuant to the text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Plaintiff notified the Plaintiff that the monthly net profit would be KRW 5 million or KRW 6 million. However, the Plaintiff asserts to the effect that the monthly net profit would be KRW 2 million or KRW 3 million, and that the instant contract would be revoked on the ground of deception or mistake.

However, if there is a mistake in the important part of the contents of a juristic act in the advertisement of goods in a manner that would be subject to criticism in light of the duty of good faith, it constitutes a deception. However, if there is a false representation in the advertisement, it would be a lack of deception that would be acceptable in light of the general commercial practice and the good faith principle (see, e.g., Supreme Court Decisions 9Da55601, May 29, 2001; 2008Da56118, Nov. 27, 2008; 2008Da56118, Nov. 27, 2008). However, if there is a mistake in the important part of the contents of the juristic act, the expression of intention may be revoked, but if such a mistake is caused by a gross negligence, "serious negligence" in this context means a lack of common required principle in light of the occupation, type, purpose, etc. of the ticket.

(see, e.g., Supreme Court Decision 99Da64995, May 12, 2000) premised on such a legal doctrine, the instant case may be punished by a health care unit, the Defendant’s “five million won” against the Plaintiff, and may be punished by a fine of six million won.

There is no dispute between the parties, but all pleadings are made on the entry of the evidence No. 1.

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