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(영문) 창원지방법원 2017.08.24 2017나52044
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance except for the Plaintiff’s assertion emphasized by this court pursuant to the following sub-paragraph (2). Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the principal obligation of the instant payment note

A. The Plaintiff’s assertion of the instant payment note (Evidence A No. 1) is clear that D, the principal debtor, is a disposition document stating the Defendant’s intent of joint and several liability for the agreed amount of KRW 100 million owed to the Plaintiff. Therefore, in accordance with the language and text of the instant payment note, the Defendant is liable to pay the Plaintiff KRW 100 million and interest or delay damages.

B. If the objective meaning of the language and text is clear where a party to a contract prepares in writing a certain contract between the parties concerned as a disposal document, barring special circumstances, the existence and content of the declaration of intent should be recognized. In particular, in a case where the interpretation different from the objective meaning of the language and text causes a serious impact on the legal relationship between the parties, the more strict interpretation of the text

(see Supreme Court Decision 2012Da21621, Nov. 27, 2014). In addition, in cases where there are differences in the interpretation of a contract between the parties and thus the interpretation of the intent of the parties expressed in the disposition document is at issue, such interpretation ought to be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and background leading up to the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent

(See Supreme Court Decision 2013Da33423 Decided November 28, 2013). C.

Judgment

According to the statement of No. 1 of this case, the first letter of payment of this case shall be : 100,000,000 won in the first letter of payment of this case; 200,000 won in the first letter of payment of this case; 30,000 won in the second letter of payment of this case.

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