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1. The defendant shall pay to the plaintiff KRW 389,387,227 and KRW 360,000 among them to the day of complete payment.
Reasons
1. Summary of the parties' assertion
A. During the period from August 30, 2007 to May 31, 2009, the Plaintiff leased a sum of KRW 360,000,000 to the Defendant via C through interest rate of KRW 5%, and C received a certificate of loan or a letter of performance through C from the Defendant. The Plaintiff entered into a monetary loan agreement with the Defendant by acting or acting for and on behalf of the Plaintiff, and the Defendant is liable to pay the principal of the loan and interest or damages for delay.
B. While borrowing money from C, the Defendant only prepared and executed a certificate of loan with the name of the creditor who is the creditor who is acting in official interest or instructed by C at C upon C’s request. Since the Defendant did not borrow money from the Plaintiff, the Plaintiff is not the creditor of the loan, and therefore, the Defendant does not bear the obligation to pay the money to the Plaintiff.
2. Determination:
A. Generally, who is the party to the relevant legal doctrine constitutes a matter of interpretation of 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 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 written document, regardless of the parties’ internal intent, even though it is not attached to the written 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 according to the language, barring any special circumstance, such as where there is a clear or implied
(See Supreme Court Decision 2009Da92487 Decided May 13, 2010, and Supreme Court Decision 2005Da34643 Decided April 13, 2006, etc.) B.
Loan creditors;