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The judgment below
All of the parts concerning the medium counterclaim are reversed, and this part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. The identity of the party to the contract is a matter of interpretation of the intent of the party involved;
The interpretation of a declaration of intent is to clearly confirm the objective meaning that the parties have given to the act of indicating, and where the content of a contract is written in writing between the parties to the contract, it shall not be cited in the phrase used in writing, but it shall reasonably interpret the objective meaning that the parties have given to the act of indicating, in accordance with the content of the document, regardless of the parties’ internal intent (see, e.g., Supreme Court Decisions 94Da5122, Jun. 30, 1995; 2000Da27923, Oct. 6, 2000). In this case, if the objective meaning of the text is clear, the existence and content of the declaration of intention shall be recognized as stipulated in the text, unless there are any special circumstances.
(1) Article 202 of the Civil Procedure Act provides that “The principle of free evaluation of evidence, which is declared by Article 202 of the Civil Procedure Act, does not need to be linked to the formal rules of evidence,” and does not allow a judge’s arbitrary judgment. Thus, the establishment of a fact shall be in accordance with logical and empirical rules based on the ideology of justice and equity, and even if the fact-finding belongs to the discretion of the fact-finding court, it shall not go beyond the limits of the fact-finding (see, e.g., Supreme Court Decisions 2009Da7198, 7204, Apr. 13, 2012). The reasoning of the lower judgment and the evidence duly admitted as follows.
The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) D Co., Ltd. (hereinafter “Defendant”) was changed to the current trade name via V Co., Ltd. and W, Inc. (hereinafter “D”) on October 29, 2009, three parcels of the instant real estate owned by it to G, and two parcels of the instant real estate.