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(영문) 청주지방법원 2014.12.03 2014가단156712

대여금

Text

1. Defendant B shall pay 58,550,000 won to the Plaintiff and 20% per annum from October 2, 2014 to the date of full payment.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant C

A. Defendant C agreed to pay Defendant B’s loans and fraternity dues to the Plaintiff. As such, Defendant C and each of the Plaintiff is obliged to pay Defendant B and each of the Plaintiff the total amount of the loans and fraternity dues to the Plaintiff and the delayed payment damages.

B. Determination 1) Interpretation of a juristic act is to clearly define the objective meaning that the parties gave to the act of indicating it, and it is not bound by the text, but to reasonably interpret the objective meaning given by the parties to the act of indicating it according to the contents of the language regardless of the parties’ inner intent. In a case where the objective meaning is not clearly expressed by the parties’ language, it shall be reasonably interpreted in accordance with logical and empirical rules, common sense of society, and common sense of trade and common sense of trade, by comprehensively taking into account the contents of the language and text, the motive and circumstance leading up to the juristic act, the purpose and genuine intent of the parties to the juristic act, and transaction practice, etc., and in a case where the objective meaning is not clearly expressed by the parties’ language and text, the Plaintiff was waiting for the loan and debt owed to the Plaintiff (see, e.g., Supreme Court Decisions 9Da43486, Nov. 26, 199; 96Da16049, Oct. 25, 1996).