대여금
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
The grounds of appeal are examined.
1. As to the grounds of appeal Nos. 1 through 3
A. As the interpretation of a juristic act clearly establishes the objective meaning that the parties gave to the act of representation, the interpretation of the juristic act 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 leading up to the juristic act, the purpose to be achieved by the juristic act, the genuine intent of the parties, etc. in a case where there is any difference in
(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). B.
For the reasons indicated in its holding, the lower court determined that: (a) it is difficult to recognize that the Mapo Savings Bank exempted Defendant A and Defendant E from its existing loan obligations on November 7, 2005, but solely on such circumstance, it exempted the Defendants from its obligations under the instant credit transaction agreement and the instant comprehensive loan guarantee agreement.
C. Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court erred by misapprehending the legal doctrine regarding the interpretation of a legal act regarding the scope of debt exemption, contrary to what is alleged in the grounds of appeal