The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. The interpretation of a declaration of intention clearly establishes the objective meaning that the party has granted to the act of indicating it, and where the content of a contract is written in writing as a disposal document between the parties, the objective meaning that the party gives to the act of indicating it shall be reasonably interpreted according to the contents written in the document, regardless of the party’s internal intent, even though it is not bound by the phrase used in the document. In this case, if the objective meaning of the text is clear, the existence and content of the declaration of intention shall be acknowledged as stated in

(see, e.g., Supreme Court Decision 2009Da92487, May 13, 2010). Furthermore, the burden of proof on the aforementioned special circumstances is on the part of asserting the facts inconsistent with the language and text of the disposition document.

2. According to the reasoning of the judgment below, the court below acknowledged the following facts based on the adopted evidence, i.e., ① the Defendants and D (the husband of Defendant B and the father of Defendant C) invested in the apartment redevelopment project promoted by H Co., Ltd. (hereinafter “H”) in the aggregate of the borrowed amount on each of the loan certificates of this case, and deemed to have been aware that the amount of KRW 2.1 billion was paid with the profits accrued therefrom. ② If the Defendants asserted, the Plaintiff borrowed KRW 3 billion from the Defendants and invested the total amount of the above money in the said redevelopment project. If the Plaintiff was successful in the course of failure of the project, there was no unreasonable agreement that the Plaintiff shall pay the Defendants all of the profits to the Defendants. ③ The each of the loan certificates of this case was written without the permission of each of the loan certificates of this case, and even in the case of multiple disposal documents written thereafter, the status of the parties concerned is unclear.