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1. The defendant,
A. The plaintiff in the attached list No. 1 is in Gangnam-gu Seoul, DHas. at the warden.
Reasons
1. Determination as to the cause of claim
A. (1) Determination as to a claim for non-commercial prohibition is based on the relevant legal principles, and generally, whether the parties to the contract are the parties to the contract constitutes a matter of interpretation of the intent of the parties 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, which is a disposal document, 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 stated in
However, if it is recognized that there is an express or implied agreement different from the description even if it is a disposal document, the fact may be recognized differently from the description.
(see Supreme Court Decision 2010Da81957, Jan. 27, 2011). Moreover, in cases where an actor who enters into a contract performs a juristic act under another person’s name, in which case the actor or the nominal owner is deemed a party to the contract, the contracting party shall first determine the offender or nominal owner as the party to the contract according to the same intent if the actor and the other party agree with each other. In cases where the actor and the other party fail to agree with each other, the contracting party shall be determined by whether a reasonable person would understand either the actor or nominal owner as the party to the contract, based on the overall circumstances before and after the conclusion of the contract, including the nature, content, purpose
(See Supreme Court Decision 2010Da83199 Decided February 10, 201). (B) The judgment document is a disposition document.