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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 for the court’s explanation of this case is as stated in the reasoning for the judgment of the court of first instance, except for the addition under paragraph (2) below to the judgment on the grounds for the selective claims that the plaintiff raised in the trial of the court of first instance. As such, it is citing this as it is in accordance with the main sentence of Article 4
2. Additional determination
A. On the third page 18 of the judgment of the first instance court (the instant contract between the Plaintiff and the Defendant is in an original impossible condition, and thus seeking the return of KRW 70 million to its original original status), and following the fourth 14th th 14th 14th 14th 25th 25th 25th 200.
B. The Plaintiff asserts that the instant agreement was based on the Plaintiff’s mistake, and that the instant agreement was revoked by the delivery of a preparatory document dated May 30, 2016, and sought payment of KRW 70 million and delay damages therefrom to the Defendant following the cancellation of the agreement.
On the other hand, the former part of Article 146 of the Civil Code provides that "the right of revocation shall be exercised within three years from the date on which it can be ratified," while Article 144 (1) of the Civil Code provides that "the person who is presumed to have no effect unless the cause for revocation ceases to exist after the termination of the cause for revocation." "the date on which it can be inferred" which is the starting point of the limitation period of the right of revocation under the former part of Article 146 of the Civil Code refers to the date on which the person who has the right of revocation can ratification a juristic act subject to revocation because the cause for revocation ceases to exist and there is no obstacle to the exercise of
(see, e.g., Supreme Court Decisions 98Da7421, Nov. 27, 1998; 2008Da27301, 27318, Sept. 11, 2008). Examining the foregoing in the instant case, according to each of the above evidence and the evidence Nos. 8-1, 2, and 3, as to A and B.