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(영문) 대법원 2015.01.29 2013다206863

물품대금

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Where a contractual party prepares in writing a certain content of a contract between the contractual parties as a disposal document, if the objective meaning of the text is clear, the existence and content of the contractual party’s expression shall be recognized unless there are special circumstances. However, if the objective meaning of the text is not clearly revealed, the content of the contract shall be reasonably interpreted in accordance with logical and empirical rules, social common common sense, and common sense and transaction norms so that the parties can conform to the ideology of social justice and equity, by comprehensively considering the contents of the text and the motive and background leading up to the execution of the contract, the purpose and genuine intent to be achieved by the parties, and transaction practices, regardless of the parties’ internal intent, in a case where the objective meaning of the text is not clearly expressed, the contents of the text shall be more strictly interpreted.

(1) According to the reasoning of the lower judgment and the record, the Plaintiff’s supply of steel bars to G Co., Ltd. (hereinafter “G”) pursuant to the instant goods supply contract (see, e.g., Supreme Court Decision 2014Da14115, Jun. 26, 2014). According to the reasoning of the lower judgment and the record, (a) the Plaintiff suspended the supply of additional steel bars as the Plaintiff supplied the goods to G Co., Ltd. (hereinafter “G”) but failed to receive the goods payment; (b) thereby, G prepared and delivered the “written acceptance of direct payment by the subcontractor of the materials supply” (hereinafter “the instant letter of acceptance”) to ensure that the Plaintiff would be directly paid the goods from the Defendant, the prime contractor, and (c) the instant acceptance was made in accordance with the generally used form for the sewage supplier that