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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
The first instance court.
Reasons
1. The reasoning of this court's acceptance of the judgment of the first instance is as stated in the reasoning of the judgment of the first instance, except for the addition of "judgment on the grounds for appeal" under paragraph (2) below, which is newly asserted by the plaintiff when it comes to the trial of the first instance. As such, it shall be cited by the main sentence of
2. As to the grounds of appeal, the Plaintiff shall hear the unilateral and simple explanation of the employee of the Defendant and prepare a written statement of confirmation of this case where the deceased’s death did not constitute an exception to the grounds of exemption stipulated in the insurance contract of this case. Thus, the Plaintiff’s assertion that the declaration of intent of this case is revoked is examined.
In the case of a settlement agreement under the Civil Act, the parties to the settlement agreement agree to terminate a dispute between the parties by mutual concession. The parties to the settlement agreement cannot be cancelled on the ground of mistake. However, in the case of a settlement agreement under the Civil Act, only when there is an error in matters other than a dispute which is the object of the settlement party's qualification or settlement, the "matters other than the dispute which is the object of the settlement" is not the object of the dispute but the premise or basis of the dispute between the parties, which is scheduled by both parties, and thus, is not the subject of mutual concession and it is understood that there is no dispute. According to the overall purport of the statement and arguments in the evidence No. 3, No. 1, No. 2, and No. 1, No. 2, it was prepared more than two months after the occurrence of the accident in this case.
It is difficult to recognize that the mistake alleged by the plaintiff is about matters other than the dispute, and there is no other evidence to recognize it.