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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments as to new arguments made by the plaintiff at the appellate court under Chapter 5, Chapter 9, of the judgment of the court of first instance, since the relevant part of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main
2. The Plaintiff asserts to the effect that even if the settlement between the Plaintiff and the Defendant was concluded by the instant settlement agreement, the Plaintiff, as the Plaintiff, shall keep the temporary materials owned by the Plaintiff, and that the Plaintiff, as it is, transferred to the follow-up business, was made on the premise that the Defendant will transfer the leased quantity to the Defendant, and that this constitutes an error in matters other than the dispute which is the object of the settlement, and thus, the Plaintiff’s revocation of the instant settlement agreement and claim damages for nonperformance of duty under the lease agreement against the Defendant
In the case of the conclusion of a settlement contract under the Civil Act, the parties may not cancel it on the ground of mistake. However, the "matters other than the dispute which is the object of the settlement" is not the object of the dispute but the subject of the dispute, which is the premise or the basis of the dispute, and is the object of the dispute, which is the premise or the basis of both parties, and which is agreed to the fact that there is no dispute without the subject of mutual concession (see, e.g., Supreme Court Decision 2004Da53173, Aug. 19, 2005). The testimony of the witness F of the first instance trial alone is the premise of the dispute settlement agreement between the plaintiff and the defendant that "the temporary materials owned by the plaintiff are kept well, and the defendant will hand over the leased quantity of the plaintiff to the subsequent business."