투자금반환
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).
1. As a matter of course, the interpretation of a juristic act clearly establishes the objective meaning which the parties have granted to the act of representation, where there is a conflict of opinion on the interpretation of the juristic act between the parties, and the interpretation of the parties concerned is at issue, it 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 of such juristic act
(See Supreme Court Decision 94Da1142 delivered on April 29, 1994, etc.). Moreover, mitigation of exemption from liability or liability does not necessarily require express expression of intent, but can be recognized in cases where it can be deemed as mitigation of exemption from liability or liability by means of a certain act or a construction of an obligee’s expression of intent. However, for such recognition, the court must strictly determine whether to apply it by strictly interpreting the obligee’s act or the expression of intent in accordance with the contents of the pertinent legal relationship.
(1) Article 202 of the Civil Procedure Act provides that “The court shall render a judgment as to whether the assertion of facts is true in accordance with logical and empirical rules on the basis of the ideology of social justice and equity, by taking into account the overall purport of pleadings and the results of examination of evidence (see, e.g., Supreme Court Decision 2010Da40505, Oct. 14, 2010).” The court shall render a judgment as to whether the allegation of facts is true by free conviction (Article 2
(1) On February 2, 432 of the same Act, the lower court, on the grounds stated in its reasoning, concluded that the Plaintiff’s rescission of the instant investment contract pursuant to the rescission clause of the investment contract (hereinafter “instant investment contract”) as indicated in the lower judgment, barring any special circumstances.