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(영문) 창원지방법원 2015.06.16 2014나12229

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff transferred KRW 14,500,000,000 on January 22, 2013, and KRW 14,500,000 on January 25, 2013, and KRW 20,000 on January 30, 2013 to the account in the name of C.

B. On January 30, 2013, the Defendant and C drafted two copies of the loan certificate as follows (hereinafter “instant loan certificate”) to the Plaintiff.

on 22 January 2013, 2013, the gold 30,000 Won , e.g., e. 30,000 , e.g. 150,000 on 22th day of each month. The interest e.g. , e. , g. , e. , s. 20,000,000) was borrowed on 30th day of January 2013. The interest e.g. 10,000 , e.

The upper end of the instant loan certificate bears the seal of each of the individuals of D’s corporate seal and Defendant and C, respectively, affixed to the lower end of the instant loan certificate.

In addition, at the bottom of the above loan certificate, ① the Defendant entered “B” and his mobile phone number “H” in the side of the “D representative director,” and affixed the Defendant’s personal seal, and ② under which C entered “E representative C” and “I” with his mobile phone number, and affixed C’s personal seal.

③ Under the part under which C’s personal map was affixed, the “6, 7, and 8 floors of the F building in Gimhae-si” and the telephone number “G” are indicated, and the corporate seal of D is affixed next thereto.

[Ground of recognition] Facts without dispute, Gap evidence No. 3, Eul evidence No. 2 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The question of who the party to the contract is the party to the one-related legal contract for the determination of the parties is the matter of interpretation of the party's intent.

The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and where the contents of any contract are written in writing, which is a disposal document, it shall not be cited in the phrase used in the document, but it shall be based on the contents of the document, regardless of the internal intent of the parties.