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(영문) 광주고등법원 2019.05.17 2018나23482
손해배상(기)
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. Acknowledgement and alteration of the judgment of the court of first instance are cited by the main sentence of Article 420 of the Civil Procedure Act, on the ground that the reasoning of this court is identical to that of the judgment of the court of first instance, except for dismissal or addition as follows.

Part 5, paragraph 15, the following shall be added:

“Interpretation of a legal act” means clearly determining the objective meaning that a party has given to an act of expression. Although it is not a written expression used, it shall reasonably interpret the objective meaning given by the party to the act of expression according to the written expression regardless of the party’s inner intent. In a case where its objective meaning is not clearly expressed by the party’s language, it shall be reasonably interpreted in accordance with logical and empirical rules, and the common sense of social justice and equity, and the common sense of transaction, in light of the parties’ common sense and transaction customs, in full consideration of the contents of the text, the motive and circumstance leading up to the juristic act, the purpose and genuine intent to be achieved by the juristic act, transaction customs, etc., and in a case where the expression “affirmative review” is written in the form in which the party bears a certain obligation, unless there are special circumstances, it shall be reasonable to interpret that the party’s objective meaning, in itself, cannot be legally permitted by the party’s act of expression, and as long as it does not permit its performance.

Because it is not necessary to use the phrase “affirmative review” or the phrase “proactive review and cooperate,” if it was an intention to legally bear such a duty, it cannot be viewed as not having meaning if the above phrase was used.

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