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(영문) 서울고등법원 2018.11.23 2017나2075713
채권조사확정재판에 대한 이의의 소
Text

1. The appeal filed by the Defendant and the Plaintiff Company B, the administrator C of the Plaintiff Company, is dismissed.

2...

Reasons

With respect to this case cited by the judgment of the court of first instance, the reasons for this court shall be written and added as follows, and since the reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, it shall be cited in accordance with the main sentence of Article 420

On the other hand, according to each of the evidence Nos. 58, 79, and No. 16, and No. 17, the plaintiff and F must have known or could have known the existence of a distribution agency, according to each of the evidence Nos. 58, 79, and No. 16, and No. 17, the plaintiff and F should have known or could have known the existence of the distribution agency.

However, barring any special circumstance, if the objective meaning of the language and text is clear where the content of a contract is written in writing between the parties to the contract as a disposal document, the existence and content of the expression shall be acknowledged as stated in the language and text. 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, general common sense, and common sense of social norms and transaction norms so that it can be in line with the ideology of social justice and equity by comprehensively considering the contents of the language and text, the motive and background leading up to the conclusion of the contract, the purpose and genuine intent to be achieved by the parties to the contract, and transaction practices, etc. In order to recognize it as such, the waiver or exemption of a claim must be recognized in cases where it may be deemed as waiver or exemption of a claim by either an obligee’s act or an expression of intent, not by the express expression of intent, but by the interpretation of an obligee’s intent. However, to

(see, e.g., Supreme Court Decision 2010Da40505, Oct. 14, 2010; Supreme Court Decision 2013Da7516, May 9, 2013). The waiver of such claims or waiver thereof.

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