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(영문) 서울남부지방법원 2020.11.20 2019나66031
부당이득금
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 judgment of the court of first instance, excluding adding the following judgments to the reasoning of the judgment, is as stated in the part of the reasoning of the judgment of the court of first instance, thereby citing it pursuant to the main sentence of Article 420 of the

2. Article 109 of the Civil Act of the said Act provides for the cancellation of a declaration of intention, in principle, if there is an error in the declaration of intention, and limits the exercise of the right of revocation if such error is not a major part of the contents of a juristic act or is caused by gross negligence of the person who made the indication of the intent, and also protects the safety of transaction and the trust of the other party by allowing the other party to still exercise the right of revocation if it is used in bad faith with the knowledge of the error

The plaintiff asserts to the effect that the purchase order was made by 10KW for D Coins who were originally traded at the original 3KW level, and that the purchase order was made by 10ETH (A. 1,040,560KW) by mistake in the price unit, and that the purchase order was made by approximately 340,000 times the market price, even if the purchase order was made at the price of approximately 3,40,000 times the market price, it is obvious that it is an obvious error in its own part and thus, it can be revoked.

However, the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff's order was not based on gross negligence, or even if it was gross negligence, it is insufficient to recognize that the defendant used the plaintiff's error as bad faith from the beginning, and there is no other evidence to acknowledge this.

Rather, the following circumstances, which are acknowledged by comprehensively taking account of the descriptions of evidence Nos. 1 through 7 and the purport of the entire pleadings, ① The Plaintiff and the Defendant were affiliated with the Plaintiff and C Exchange shall distribute the Ecoin, one of its own issuers, according to the daily trading amount of its members (i.e., continuous extraction and acquisition process for such Coin) and the Ecoin’s holding members.

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