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(영문) 대법원 2015.03.26 2014다78966
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Generally, 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 determine the objective meaning that the parties have given to the act of indicating, and where the contents of a contract are written in writing as a disposal document between the parties, the objective meaning that the parties have given to the act of expressing intent shall be reasonably interpreted according to the contents of the document, regardless of the internal intent of the parties, even though it is not attached to the phrase used in the document. In this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be acknowledged as

(2) The lower court determined that the Defendant borrowed the instant money from the Plaintiff in full view of the fact that the Defendant directly signed and sealed the application documents for registration of the establishment of a mortgage of the instant case and received the instant money from the Plaintiff from the Plaintiff to his/her own account, etc., and rejected the Defendant’s assertion that the actual debtor of the instant money is C on the grounds as indicated in its reasoning.

In light of the above legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of violating the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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