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(영문) 대법원 2016.10.13 2015다45635

양수금

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The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of expressing the intent, and where the contents of a contract are written in writing, which is a disposal document, it shall not be cited in writing, but shall reasonably interpret the objective meaning that the parties have given to the act of expressing the intent in writing, regardless of the internal intent of the parties. In this case, if the objective meaning of the text is clear, unless there are special circumstances, the existence and content of the declaration of intention shall be acknowledged

(2) According to the reasoning of the lower judgment, the lower court rejected the Plaintiff’s claim for the instant collection order, based on the following circumstances: (a) the Defendant and the beneficial engineering had a duty to pay the collection amount, barring any special circumstance, to the Plaintiff, as the collection creditor who was issued a claim seizure and collection order (hereinafter “instant collection order”) on May 17, 2012, with respect to KRW 2,025,163,151, out of the instant loans owed by the beneficial engineering (hereinafter “beneficial engineering”) against the Defendant; and (b) the Defendant had a duty to pay the collection amount, barring any special circumstance, upon considering the following circumstances, the Defendant and the beneficial engineering had a duty to pay the collection amount on December 30, 208.

Examining the language, contents, etc. of the "special agreement on debt succession and set-off" between the defendant and the beneficiary engineering admitted by the court below on December 30, 2008, the above special agreement shall be made in advance that the mutually beneficial engineering should pay to Hyundai MIM.