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(영문) 서울고등법원 2017.12.15 2017나2015629
채무부존재확인
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. The reasoning for this part of this Court is with the exception that “ May 28, 2015.” as “ October 2, 2014.” is with the same reasoning as set forth in Paragraph 1 above, with the exception that “No. 28, 2015.”

Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act as it is.

2. Judgment on the plaintiff's assertion

A. On September 23, 2014, the Plaintiff’s assertion as to the parties to a contract for the supply of goods as of September 23, 2014 is the actual parties to the contract for the supply of goods as of September 23, 2014, although the Plaintiff stated as the parties to the contract for the supply of goods as of September 23, 2014.

The Defendant and C used the Plaintiff as a tool to issue a performance guarantee insurance policy on behalf of C who could not be issued the performance guarantee insurance policy at the time. The Plaintiff is merely a guarantor for the obligation to be borne by C pursuant to the goods supply contract as of September 23, 2014.

Therefore, the Plaintiff is not obligated to return KRW 500,000,000 to the Defendant out of the instant advance payment.

(2) (A) Generally, who is a party to a contract is an issue of interpreting the intent of the party involved in the contract.

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 in case where the contents of any contract are written in writing as a disposal document between the parties, it shall not be bound to the phrase used in such document, but it shall be reasonably interpreted by the contents written in such document, regardless of the internal intent of the parties.

In such cases, if the objective meaning of the language is clear, the existence and content of the expression should be recognized as well, unless there are special circumstances.

(B) The evidence and proof No. 1, 6, and 7 are different from the facts recognized in paragraph (1). (B) However, each of the evidence and evidence No. 1, 6, and 7.

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