대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The parties' assertion
A. On July 8, 2011, the Plaintiff asserted that the Plaintiff lent KRW 20 million to the Defendant at an interest rate of KRW 2% per month and the due date of payment on September 8, 2011. As such, the Defendant is obligated to pay the Plaintiff the instant loan amounting to KRW 20 million and the damages for delay.
B. The person who borrowed the instant loan from the Plaintiff’s assertion is C, and the Defendant only prepared a loan certificate at the Plaintiff’s request to return the loan certificate issued in the name of C, and the Plaintiff was not the lender of the instant loan.
2. Determination
A. In general, the legal doctrine of determination is a matter of interpreting the intent of a party involved in the contract, and the interpretation of an expression of intent clearly establishes the objective meaning that the party has given to the act of expressing the intent. In a case where a party prepares in writing a certain contract between the parties as a disposal document, the objective meaning that the party gives to the act of expressing the intent shall be reasonably interpreted according to the contents written in the document, regardless of the party’s internal intent, even though not being bound by the phrase used in the document. In this case, unless the objective meaning of the text is clear, barring any special circumstance, the existence and content of
(See Supreme Court Decision 2009Da92487 Decided May 13, 2010). B.
Judgment
1) The loan certificate stating that the Defendant borrowed KRW 20 million at an interest rate of 2% per month on July 8, 2011 (hereinafter “the loan certificate in this case”).
A) The Plaintiff prepared and delivered the Plaintiff, and the Plaintiff deposited KRW 19 million from his own national bank account (D) on the same day as a check, and the Plaintiff deposited KRW 20 million with the Defendant, E, and F on the same day, and KRW 800,000 (=20 million x 2% x two months x two months.