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(영문) 대법원 2016.07.22 2014다10281
임대차보증금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The interpretation of a declaration of intent is clearly confirming the objective meaning that the party gave to the act of indicating it, and where the content of a contract is written between the parties to the contract in writing, it shall be reasonably interpreted in accordance with logical and empirical rules, regardless of the parties’ internal intent, the objective meaning that the party gives to the act of expressing his/her intent by the content of the document, regardless of the party’s internal intent (see, e.g., Supreme Court Decisions 94Da5122, Jun. 30, 1995; 200Da27923, Oct. 6, 200). In such a case, if the objective meaning of the text is clear, the existence and content of the declaration of intention shall be recognized in accordance with the language, unless there are special circumstances such as where it is clear and acceptable to deny the contents of the statement.

(1) Article 201 of the Civil Procedure Act provides that “The court shall bind the court of final appeal on the grounds that the court of final appeal is not true in accordance with logical and empirical rules, taking into account the overall purport of pleadings and the result of the examination of evidence (see, e.g., Supreme Court Decisions 2004Da60065, May 27, 2005; 2012Da44471, Nov. 29, 2012).”

(Article 432 of the same Act). Also, on the grounds of a written judgment, a judgment on allegations by the parties and on other means of offence and defense shall be indicated to the extent that it is possible to recognize that the text is justifiable, and it is not necessary to determine all the means of offence and defense by the

(Article 208 of the Civil Procedure Act). Therefore, even if a court ruling does not state a specific judgment on the matters alleged by the parties, the argument is in light of the overall purport of the reasons for the judgment.

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