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1. The Defendant’s KRW 49,463,340 as well as 5% per annum from June 1, 2013 to September 30, 2014 to the Plaintiff.
Reasons
1. Establishment of a lease relationship;
A. (i) The plaintiff asserts that he/she alone is the tenant, and the defendant asserts that C is either solely or jointly leased by the plaintiff and C.
Councilly, who is the party to the contract is a matter of interpretation of the intention 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 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
(see, e.g., Supreme Court Decision 2009Da92487, May 13, 2010; Supreme Court Decision 2012Da4471, Nov. 29, 2012). “Lease agreement submitted as evidence in the instant case” (see, e.g., Supreme Court Decision 2009Da92487, May 13, 2010).
However, Gap evidence No. 1 was prepared in all of three parties, including the plaintiff, the defendant, and the defendant, and the plaintiff and the defendant possess one original, while Eul evidence No. 5 prepared one copy in the place where only the defendant and C are located, and the defendant had the original copy with the delivery of a copy to the defendant, and the defendant possessed a copy from the beginning. Eul evidence No. 12 was prepared at will in order to transfer the location of the business registration of his own name to the location of the real estate of this case, and the fact that Eul was a document submitted in the same Daegu Tax Office, which was submitted by the parties to the dispute, and the response to the order to submit tax information to the head of the same Daegu Tax Office.