2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff, a company for the purpose of the electrical construction business, etc., was awarded a contract with the Samsung C&T General Electrical Construction Section 2 Section (hereinafter “instant construction”). The Plaintiff awarded a contract with the Defendant for the instant construction work from April 7, 2001 to December 31, 2003 by setting the construction amount of KRW 442,596,00.

B. The Plaintiff paid totaling KRW 726,506,080 to the Defendant from April 2001 to December 31, 2003.

C. On July 15, 2003, the Defendant drawn up a loan certificate stating that “15,00,000 won was borrowed as labor cost, and the said amount is to be settled at the time of completion of the instant construction work.”

The Defendant completed the instant construction work around January 31, 2004.

[Ground of recognition] The non-contentious facts, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, Daegu Bank of the first instance court, and the result of each fact-finding to the Korea Electrical Construction Association, the purport of the whole pleadings

2. Determination

A. The determination on the cause of a claim shall be objectively interpreted as having expressed the intent of the parties in accordance with the terms and conditions indicated in the relevant disposal document, barring any special circumstance where the authenticity is acknowledged. In the event that there is a difference in the interpretation of a contract between the parties and the parties concerned, the interpretation of the parties’ intent expressed in the disposal document is at issue, the determination document on the cause of the claim shall be reasonably interpreted in accordance with logical and empirical rules, comprehensively taking into account the contents of the text, the motive and background

According to the facts acknowledged earlier, the Defendant borrowed KRW 115,00,000 on July 15, 2003 to the Plaintiff, and issued a certificate of loan stating the purport of settling the instant construction work at the time of completion. Thus, the Defendant may acknowledge the fact that the Plaintiff borrowed KRW 115,00,000 from the Plaintiff, and on the other hand, the Defendant borrowed KRW 115,000 from the Plaintiff.