1.The judgment of the first instance shall be modified as follows:

A notary public of Defendant C against a bankrupt debtor limited liability company A,

1. The reasoning for this Court’s explanation concerning this part of the underlying facts is that the reasoning for this Court’s explanation is as stated in Paragraph 1 of the judgment of the first instance except for both “Plaintiff” and “A” to “A limited liability company,” and that part of the judgment of the first instance is as stated in Paragraph 5 of the judgment of the first instance except for the addition of the following:

In addition, “E. A” was declared bankrupt by the Jeju District Court on February 21, 2019, which was after the pronouncement of the judgment of the first instance court. On the same day, the Plaintiff was appointed as a trustee in bankruptcy, and the Plaintiff took over the litigation procedure of this case at the trial.”

2. Determination

A. The plaintiff asserts that each of the notarial deeds of this case is based on a non-existent claim relation.

However, the interpretation of a declaration of intention clearly establishes the objective meaning that the parties have granted to the act of expressing the intent, and in a case 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 the intent shall be reasonably interpreted according to the contents written in the document, regardless of the party’s internal intent, even though it is not attached to the written document. In such a case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be recognized as stipulated in

(see, e.g., Supreme Court Decision 2009Da92487, May 13, 2010). Furthermore, the burden of proof on the aforementioned special circumstances is on the part of asserting the facts inconsistent with the language and text of the disposition document.

(see Supreme Court Decision 2015Da31308, Sept. 10, 2015). According to the health stand and the facts recognized above, each of the instant notarial deeds concerning a monetary loan contract between Defendant B and a limited liability company was prepared between Defendant A and the limited liability company, and barring any special circumstance, the declaration of intent is made in accordance with the language and text, barring any special circumstance.