1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Around February 2006, Defendant B agreed to the Plaintiff that “When the Plaintiff has lent money for investment in China, Defendant B shall return it at any time after one year, Defendant B shall pay 1.5 million won per month from April 2006, and shall pay additional money in accordance with the business performance.”

(A) On February 14, 2006, the Plaintiff granted to Defendant B KRW 5 million on February 14, 2006, KRW 20 million on February 27, 2006, KRW 25 million on March 30, 2006, KRW 60 million on August 10, 2006, respectively.

On the other hand, the designated parties C jointly and severally guaranteed the payment obligation of 50 million won out of the above amount against the plaintiff of defendant B.

Therefore, Defendant B is jointly and severally liable with Defendant B to pay KRW 60 million and KRW 50 million among the above 60 million.

2. Determination

A. In a case where there is a difference between the parties regarding the interpretation of a contract, and the interpretation of the parties’ intent expressed in the disposition document is at issue, the parties’ intent should be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, the motive and background leading up to such agreement, the purpose to be achieved

In addition, if the content of a contract claimed by one of the parties imposes a significant responsibility on the other party or infringes on or limits the essential part of his/her rights such as ownership, it should be interpreted more strictly.

(See Supreme Court Decision 2011Da19102 Decided April 23, 2015). B.

In light of the following circumstances acknowledged by the health team, Gap evidence Nos. 1 through 5 (including the branch numbers), Eul evidence Nos. 1, 3, 7, and 9, and the purport of the entire pleadings, it is reasonable to view that the plaintiff paid to defendant B as the investment amount under the condition that the return was made, which is not the pretext of the loan that is not the source of the loan that can require a simple return.

(1) A.