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(영문) 서울중앙지방법원 2018.12.11 2018나13607
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. As long as a written determination on the cause of a claim is recognized as having been authentic, the court shall recognize the existence and content of the declaration of intent as stated therein, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement (see Supreme Court Decision 2010Da76825, Jan. 27, 201). In a case where a contractual content is written in writing between the contracting parties as a disposal document, the objective meaning which the parties granted to the act of expression should be reasonably interpreted according to the contents written in such document, regardless of the parties’ internal intent, even though it is not bound by the terms used in the document. In such a case, if the objective meaning of the text is clear, the existence and content of the declaration of intent shall be recognized as stated in the written statement, barring any special circumstances.

(See Supreme Court Decision 2009Da92487 Decided May 13, 2010). Moreover, the burden of proof on such special circumstances is on the part of asserting the facts inconsistent with the language and text of the disposition document.

(See Supreme Court Decision 2015Da31308 Decided September 10, 2015 (see, e.g., Supreme Court Decision 2015Da31308, Sept. 10, 2015). According to the foregoing legal doctrine, according to the records of evidence No. 1, the Defendant prepared and delivered the following documents (hereinafter “each of the instant documents”) on June 1, 2016 to the Plaintiff: (a) the amount above was KRW 178,00,000,000,000,000 for the loan amount borrowed from C, which was requested by the Defendant from February 2015, 2015, requested the Plaintiff to pay for the payment of the goods to C after the completion of the golf loans, and the Plaintiff paid the goods in full.

Therefore, since the above amount of the substitute payment was borrowed and the payment was not made until now, it will be treated as repayment until July 30, 2016.

In the future, when civil or criminal problems occur, the defendant will be held responsible for all the above problems.

the corporation.

Examining the above facts in light of the above legal principles, the plaintiff in this case.

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