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The judgment of the court below is reversed.
The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.
The total cost of the lawsuit shall be the cost of the lawsuit.
Reasons
1. Judgment on the Defendant’s grounds of appeal
A. If the objective meaning of the language and text stated in the disposal document is clear, the existence and content of the declaration of intent should be recognized, barring special circumstances.
(see, e.g., Supreme Court Decision 2010Da26769, Nov. 11, 2010). B.
The lower court: (a) deemed that the instant letter of undertaking cannot be recognized as an agreement between the Plaintiff (i.e., withdrawal, hereinafter “Plaintiff”) and the Defendant Company, and subsequently partly accepted the Plaintiff’s claim by the Plaintiff’s succeeding intervenor.
C. However, the above judgment below is hard to accept for the following reasons.
1) The instant undertaking that the Plaintiff prepared and executed the Defendant Company stated that “I will submit this undertaking to the Defendant Company with respect to the 2005 type No. 56286, stating that I will not be held liable for any civil or criminal liability related to the improper support and reimbursement of the CP, and that I will be held liable for any measures separately by the company regulations.” While there is a typical phrase used in the ordinary agreement that does not impose any civil or criminal liability, it is objectively clear that the Plaintiff’s meaning of not taking any civil or criminal liability against the Defendant Company is included in the foregoing phrase. However, the circumstance that there was no express discussion between the Plaintiff and the Defendant Company as to the meaning of the undertaking at the time of the preparation of the undertaking, or that there is no uncertainty as to whether I filed a future civil suit is possible to affect the interpretation of the foregoing undertaking in accordance with the language and text.2) On the ground that the lower court stated the foregoing undertaking in its statement that the Plaintiff will not be held liable for the redemption of the certificate of deposit and the certificate of deposit and the certificate of deposit.