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(영문) 인천지방법원 2018.08.22 2017나66971
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (i) among the judgment of the court of first instance, the term "inward" in the second to the fourth to the term "inward"; and (ii) the term "debtor B" in the second to the term "B" in the fourth to the term "B", respectively; and (b) among the judgment of first to the judgment.

With the exception of adding the following judgments to the “judgment” portion, it is consistent with the reasoning of the first instance judgment, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On the other hand, the part concerning a claim based on a loan certificate 1) is a matter of interpreting the intent of the party involved in the contract. Interpretation of intent constitutes a matter of interpreting the objective meaning of the party involved in the contract. When the party involved clearly establishes the content of a contract that is a disposal document, the objective meaning given by the party to the contract shall be reasonably interpreted according to the content of the document, regardless of the party's internal intent, if the content of the contract is written in writing, which is a disposal document. In this case, if the objective meaning of the text is clear, barring any special circumstance, the existence and content of the expression of intent shall be recognized (see Supreme Court Decision 2009Da92487, May 13, 2010). In light of the above legal principle, as long as the party who prepared and delivered the loan certificate of this case (No. 3) is not "Plaintiff" but "E", it shall not be readily concluded that the defendant bears any obligation to the plaintiff (i.e., the defendant bears any obligation to the plaintiff).

Furthermore, the plaintiff's own assertion.

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