채무부존재확인
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal shall include the costs resulting from the participation in the appeal.
As to this case, this court's acceptance of the judgment of the court of first instance is identical to the entry of the reasoning of the judgment of the court of first instance in addition to adding the following judgments, and thus, it is acceptable in accordance with the main sentence of Article 420
If the objective meaning of the language and text is clear if, in cases where a contract content is written in writing between the parties to the judgment added, the existence and content of the declaration of intent shall be recognized in accordance with the language and text, barring special circumstances.
However, if the objective meaning of the language and text is not clearly revealed, it shall be reasonably interpreted in accordance with logical and empirical rules, social common sense, and common sense and transaction norms by comprehensively examining the contents of the language and text, the motive and background of the contract to be achieved, the purpose and genuine intent of the parties to the contract to be achieved, transaction practices, etc.
(see, e.g., Supreme Court Decision 95Da29130, Jul. 30, 1996). In a case where the content of a contract asserted by one of the parties imposes a serious liability on the other party, the content of the contract should be more strictly interpreted.
(See Supreme Court Decision 200Da72572 Decided May 24, 2002, etc.). The instant agreement and the instant back agreement specify the period of repayment as “ July 9, 2015” and on the other hand, “30% per annum (the instant agreement)” or “400 million won (the instant back confirmation document)” as revenue from the loan is paid. The instant agreement between the third parties sets the principal and interest of the loan as KRW 1.5 billion and then specify the period of reimbursement as “9 billion when the first PF loan was made, and the amount of reimbursement is KRW 600 million when the land cost is settled.”
As such, the instant agreement, the confirmation letter on the back of the instant case, and the agreement between the third parties of the instant case provide that the amount of money shall be returned at a fixed rate at a specific maturity, and the payment of money shall be made in a uniform and fixed manner.