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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. The facts of recognition are as follows: (a) on October 8, 2012, the Plaintiff loaned KRW 30 million to the co-defendant B (hereinafter “B”) of the first instance trial on October 2012 (hereinafter “the Plaintiff’s passbook”) by designating 2% of the interest rate; (b) on September 30, 2013, the due date for repayment; (c) the Defendant provided joint and several sureties with respect thereto; (d) on the other hand, the Defendant paid the interest agreed upon to the Plaintiff only up to the portion of January 10, 2014; (e) on the other hand, the fact that the Plaintiff paid the said agreed interest may be recognized by the respective entries in the evidence No. 1, 6, and 1
B. According to the above facts of determination, as a joint and several surety for B, the Defendant is jointly and severally liable with B to pay the Plaintiff the above loan amount of KRW 30 million and the interest thereon at the rate of 24% per annum, which is the rate from January 11, 2014 to the date of full payment, starting from the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant's assertion that E, not the plaintiff, is the creditor, asserts that he lent 30 million won of the loan of this case to Eul is the plaintiff's wife E and the plaintiff only lent its name.
who is the party to the contract is a matter of interpretation of the intention of the party involved.
The interpretation of a declaration of intent is to clearly confirm the objective meaning that the parties have given to the act of indicating the intent, and in cases where the contents of a contract are written in writing between the parties to the contract, the objective meaning that the parties have given to the act of indicating the intent should be reasonably interpreted according to the contents written, regardless of the parties’ internal intent (see, e.g., Supreme Court Decisions 94Da5122, Jun. 30, 1995; 200Da27923, Oct. 6, 2000). 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 as stipulated in the text, barring any special circumstances.
Supreme Court Decision 200 delivered on May 24, 2002