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(영문) 대법원 2019.03.28 2018다287188
계약금반환등 청구
Text

All appeals and supplementary appeals are dismissed.

The costs of appeal are assessed against the Defendant. The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed) and the grounds of incidental appeal.

1. As to the ground of appeal

A. As to the grounds of appeal Nos. 1 and 2, the interpretation of the legal act is to clarify the objective meaning that the party gave to the act of indicating it, and it is not bound by the used language, but is to reasonably interpret the objective meaning that the party gives to the act of indicating it according to the contents of the language, regardless of what the party’s internal intent is.

If the objective meaning is not clearly expressed by the language and text expressed by the parties, it shall be reasonably interpreted in accordance with logical and empirical rules, social common sense, and transaction norms, comprehensively taking into account the forms and contents of the language and text, the motive and background leading up to the juristic act, the purpose and genuine intent to be achieved by the juristic act by the parties concerned, transaction practices, and other relevant factors.

(See Supreme Court Decision 2000Da40858 Decided March 23, 2001, where the authenticity of a disposal document is recognized, the court shall, in principle, recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable evidence to deny the content of the statement.

In a case where there is a difference between the parties regarding the interpretation of a contract and the interpretation of the intention of the parties expressed in the disposition document is at issue, the contents of the text, the motive and background of the agreement, the purpose to be achieved by the agreement, the genuine intent of the parties shall be comprehensively considered, and it shall be reasonably interpreted in

(See Supreme Court Decision 2004Da60065 delivered on May 27, 2005). Generally, the Supreme Court has determined that the Plaintiff would be liable for damages.

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