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(영문) 제주지방법원 2017.08.11 2015가단18731
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion as to the cause of the claim: (a) from April 23, 2013 to September 6, 2013, as indicated below, leased a total of KRW 149,300,000 to Defendant C; and (b) received reimbursement of KRW 78 million in total as indicated below.

Therefore, Defendant C has a duty to pay KRW 79,300,000 ( KRW 149,300,000 - KRW 78 million) and damages for delay.

Defendant B’s joint and several liability within the scope of KRW 50 million out of the above loans owed by Defendant C to the Plaintiff. As such, Defendant B is obligated to pay the Plaintiff KRW 50 million out of the above loans and damages for delay.

D E F F GF GH H F F F F F F F K K F K F K F H H H H L L L

2. Determination

A. Generally, who is a party to a contract constitutes a matter of interpretation of the intent 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

(Supreme Court en banc Decision 2008Da45828 Decided March 19, 2009). In light of the above legal principles, we examine the part that can be recognized as the Plaintiff’s loan out of the amount claimed by the Plaintiff and the part that cannot be recognized as the Plaintiff’s loan.

B. In full view of the purport of the entire pleadings in each of the statements in Gap evidence 1, Eul evidence 5-1, Eul evidence 6-1, and Eul evidence 6-3, the period for Defendant C to pay 50 million won from the plaintiff.

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