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(영문) 서울고등법원 2016.03.25 2015나2038123
대여금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion began to remit KRW 450 million to the Defendant on April 21, 2010, and made a loan or investment of KRW 450 million to the Defendant until July 2014, and the Defendant, on July 14, 2014, prescribed the Plaintiff as a loan for business funds borrowed or invested from the Plaintiff as of April 24, 2012, and decided to pay the principal and interest of KRW 50 million to the Plaintiff as of KRW 50 million. Since the Defendant written a written confirmation confirming that the Defendant’s debt was KRW 450 million as of July 14, 2014, the Defendant is liable to pay to the Plaintiff the amount under the said written confirmation.

B. Determination 1) Where the content of a contract is written between parties to the contract as a disposal document, if the objective meaning of the language is clear, barring any special circumstance, the existence and content of the expression shall be recognized. In a case where the objective meaning of the language is not clearly revealed, it shall be comprehensively considered such factors as the motive and circumstance during which the contract was concluded, the purpose and genuine intent to be achieved by the parties under the contract, transaction practices, etc., and shall be reasonably interpreted in accordance with logical and empirical rules, and with the common sense of society and equity, and with the common sense of transaction, in line with the principle of interest (see, e.g., Supreme Court Decision 200Da72572, May 24, 2002). However, according to the evidence evidence No. 3, the Defendant borrowed the Plaintiff on July 14, 2014 to pay the Plaintiff KRW 100,000,000,0000,000 won to the Plaintiff on July 24, 2012.

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