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(영문) 창원지방법원통영지원 2017.05.16 2016가단4067
대여금
Text

1. The Defendant’s KRW 62,00,000 for the Plaintiff and the following: 5% per annum from January 10, 2009 to May 16, 2017.

Reasons

1. Determination as to the cause of claim

A. If the objective meaning of the language and text is clear where a party to a contract prepares in writing a certain contract between the parties to the contract as a disposal document, barring special circumstances, the existence and content of the expression should be recognized. In particular, in a case where the interpretation different from the objective meaning of the language and text causes a serious impact on the legal relationship between the parties, the content of the language and text shall

(Supreme Court Decision 2010Da77699 Decided February 24, 201, Supreme Court Decision 2008Da46531 Decided November 13, 2008, Supreme Court Decision 2010Da26769 Decided November 11, 201, etc. (see, e.g., Supreme Court Decision 2010Da26769 Decided November 11, 201).

In light of the above legal principles, the Defendant: (a) on September 11, 2008, borrowed KRW 62,00,000 from the Plaintiff; (b) on the completion date of Gosung-gun C (hereinafter “C”) 303, the Plaintiff transferred ownership to the Plaintiff by means of sale and purchase; and (c) calculated any balance and interest, and paid to the Defendant, if any, the Plaintiff. The lower court stated at the bottom of the above loan certificate that “B B” is indicated in the name of the borrower, but in light of the fact that the borrower’s personal information is specified as the Defendant, such as the name of the Defendant, and the Defendant’s resident registration number is indicated under the name of the Defendant, it is reasonable to deem the borrower as the Defendant. (b) The Defendant is a representative director D’s obligation arising from the Defendant’s holding office as D’s notarial deed; and (b) the Plaintiff’s obligation was prepared as D’s shareholder of D Co., Ltd., with the amount of real estate owned by the Plaintiff in the auction procedure.

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