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(영문) 서울고등법원 2018.09.12 2018나2011112
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for this part of the judgment of the court concerning the cause of the claim is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. Judgment on the defendant's assertion

A. Determination as to the assertion of false conspiracy, etc. 1) Defendant’s assertion as to the loan in this case’s summary is the monetary loan contract for the loan in this case’s (hereinafter “instant loan contract for consumption”).

A) The actual debtor of the contract is I who is the defendant's child, and the defendant lending the name of the debtor formally without the intention to bear the loan obligation, and even if not, the contract for the loan of this case between the deceased and the defendant constitutes a false representation and thus null and void. 2) Generally, it is a matter concerning the interpretation of the intention of the party involved in the contract. The interpretation of the expression of intent clearly establishes the objective meaning that the party involved in the contract has agreed on the act of expression. If the contract is written in writing as a disposal document between the parties, it is not bound to the terms used in the document, but it is reasonable to interpret the objective meaning that the party has agreed on the act of expression in writing regardless of the party's internal intent. In this case, if the objective meaning of the text is clear, the existence of the expression of intent and its contents should be recognized as being inconsistent with the other party's expression of intent and the other party's expression of intent lawfully in light of the facts established in the case of this case (see, e.g., Supreme Court Decisions 2009Da92487, May 13).

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