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(영문) 대전고등법원 2015.09.09 2014나13950
정산금 청구
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance is as follows: (a) upon the withdrawal of part of the claim in the court of first instance, the Defendants deleted 7, 2 through 6, and 19 through 11, 7, 7, 7, 7, 7, 7, 7, 7, 7, 7, 7, and 10, 10, 10, 18, 10, and 18, 10, 100, 100, 100, 100,000,000,000,000).

2. As to the part of the additional determination, Defendant A and B may be deemed to bear the resale price under the interpretation of the instant contract.

Even if the above Defendants were not aware of the existence of an assumption of obligation agreement as mentioned above in the instant contract, which is a mistake as to the important part of the instant contract, and the Defendants did not conclude the instant contract if they knew of such circumstances. Therefore, they asserted that the instant contract was cancelled on the ground of an error.

However, a person who revokes a declaration of intent on the ground of mistake, along with the fact that there was an error in the content of a juristic act, shall prove that the mistake had a critical impact on the declaration of intent (see Supreme Court Decision 2007Da74188, Jan. 17, 2008). In other words, there is no evidence to prove that there was such a circumstance in relation to the conclusion of the instant contract.

Therefore, this part of the argument is without merit.

3. If so, the plaintiff's claim against the defendant A and C is accepted in its reasoning. The plaintiff's claim against the defendant B is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. The judgment of the court of first instance is justified in conclusion, and it is all the defendants' appeal.

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