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(영문) 서울서부지방법원 2014.09.30 2013가단22570

계약금

Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 5% per annum from July 9, 2013 to the day of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. According to the purport of evidence No. 2 and the entire pleadings, the Defendant, on April 15, 201, prepared and delivered a written statement stating that “10,000,000 won should be paid as soon as possible in connection with the business” with the Plaintiff on April 15, 201, as the title of “statement of performance of the undertaking.” B. If the objective meaning of the text is clear in cases where the content of a contract is written in writing as a disposal document between the contracting parties, barring any special circumstance, the existence and content of the expression should be recognized. If the objective meaning of the text is not clearly expressed, the existence and content of the expression should be recognized as well. If the objective meaning of the text is not clearly expressed, the motive and background behind the conclusion of the contract, the purpose and genuine intent of the parties to the contract to achieve through the contract, and the transaction customs, the content of the contract should be reasonably interpreted in accordance with the principles of logic and experience, common sense of performance and transaction (see, e.g., Supreme Court Decision 2002Da4601484, May 2002.).

Therefore, the Defendant’s argument that it is a promise for a loan for consumption is difficult to accept as it goes beyond the objective meaning of the above language.

However, although the part of the above language and text is somewhat unclear, in light of the overall context of the above language and text, the intent to pay the said money is conclusive, and it appears that the period during which the payment is due is not fixed, and the purport of the entire argument is examined.