Error of elements of a compromise contract

With respect to a compromise contract, any dispute other than a dispute which has become the object of qualification of the parties to the compromise or the objective of the compromise may contest the effect of the compromise contract by reason of an error, and if there is any ground for cancellation, it may assert the cancellation.

Articles 109 and 733 of the Civil Act

Kim In-su

E. H. H. H. H.

Seoul High Court Decision 59 civilian 69 delivered on September 18, 1959, Seoul High Court Decision 2005Da1548 delivered on September 18, 2059

As long as a settlement contract has been formed in an effective manner, even if there was an error on the basic matters in the dispute which are the object of the dispute to be resolved by the settlement, it cannot be asserted the invalidity of the settlement contract on the ground of such error. However, the dispute other than the dispute which is the object of the settlement contract, which is the qualification of the parties to the settlement or the object of the settlement, may dispute the validity of the settlement contract only when there is an error on the matters which are the elements of the settlement contract, and if there is a reason for cancellation, the plaintiff's assertion that the plaintiff's assertion that the plaintiff's mistake by deceiving the plaintiff as he had the intention to pay the amount agreed upon in the settlement contract, although the defendant did not have an intention to pay it to the plaintiff, it cannot be said that there is a mistake on the elements of the parties to the settlement, which would be a mistake on the part of the parties to the settlement, and that there is no ground for cancellation (the plaintiff's request for cancellation of this provision is groundless).

Justices Lee In-ok (Presiding Justice)