대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 11, 2013, the Plaintiff provisionally seized D’s claim for progress payment for D Co., Ltd., Ltd., as the secured claim, with the loans worth KRW 60 million against D Co., Ltd. (hereinafter “D”) as the secured claim.
B. Around June 2013, D delivered to the Plaintiff with respect to the termination of the foregoing provisional seizure (hereinafter “each of the instant notes”). According to the instant notes, D agreed that D shall pay to the Plaintiff in installments KRW 20 million on July 5, 2013, KRW 15,000,000,000 on July 15, 2013, KRW 20 million on August 5, 2013, and KRW 15,000 on August 15, 2013, KRW 10 million on August 15, 2013.
B. D’s corporate seal is affixed on the side of “D Co., Ltd. Representative B” indicated at the bottom of each of the instant notes.
The following is the Plaintiff’s signature and seal and the Defendant C’s signature and seal are affixed below.
[Reasons for Recognition] Class A, Nos. 1, 2, and A No. 3 (including virtual numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion that the plaintiff received a letter of promise from the defendants to pay the above KRW 60 million, and the defendants are jointly and severally liable to pay the above KRW 60 million and delay damages to the plaintiff.
B. Where a party to a judgment 1 prepares a written contract as a disposal document, if the objective meaning of the language is clear, the existence and content of the expression should be recognized in accordance with the language and text, unless there are special circumstances.
However, if the objective meaning of the text is not clearly revealed, regardless of the party's internal intent, the contents of the text and the motive and circumstance in which the contract was made, the purpose and genuine intention of the parties to the contract, transaction practices, etc. shall be comprehensively considered, and logic, experience, and society shall be consistent with the ideology of social justice and equity.