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(영문) 대법원 2015.06.11 2013다79733

임대보증금 및 임대료

Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As a matter of course, the interpretation of a juristic act clearly establishes the objective meaning which the parties have granted to the act of representation, where there is a conflict of opinion on the interpretation of the juristic act between the parties, and the interpretation of the parties concerned is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the juristic act, the motive and background of such juristic act

(see, e.g., Supreme Court Decisions 94Da1142, Apr. 29, 1994; 201Da5134, Dec. 27, 2011). Moreover, the mitigation of exemption from liability or liability does not necessarily necessarily require the express declaration of intent, but it should be recognized in cases where it can be deemed as exemption from liability or liability by a creditor’s interpretation of a certain act or declaration of intent. However, for such recognition, the determination on whether to apply the exemption or mitigation of liability must be made by strict interpretation of the creditor’s act or declaration of intent in accordance with the contents of the pertinent legal relationship.

(see, e.g., Supreme Court Decision 2010Da40505, Oct. 14, 2010). 2. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following circumstances. A.

B. On June 2006, M Co., Ltd.: (a) leased the instant commercial building under the delegation of the contractor council of L building, the Han River Industry Development Co., Ltd. and the NAVa Co., Ltd., Ltd., which were composed of persons who paid part payments from among the buyers of the instant commercial building; (b) opened the instant commercial building with the name of “O” around September 30, 2006; (c) but (d) closed due to business deterioration around February 27, 2007.

B. Meanwhile, the contractor council of L Building shall enter into an agreement with the General Assembly of November 27, 2005 and the City Council of May 27, 2006.