The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In a case where there is a different opinion on the interpretation of a contract between the parties and the interpretation of the parties expressed in the disposition document is at issue, the contents of the text, the motive and background of the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc. shall be comprehensively considered, and the reasonable interpretation

(2) The court below held that the above claim on the return of the price of road pursuant to the construction contract of this case is naturally attributable to the defendant, as alleged by the defendant, and accepted the above claim by the plaintiff, based on the following reasons: (1) the defendant's main defense is dismissed; (2) the claim on the payment of the price of this case, including the above claim, belongs to the plaintiff by litigation and agreement with Busan Metropolitan City; and (2) the defendant lent the purchase price of the road pursuant to the construction contract of this case. The court below determined that the above claim on the return of the price of the road pursuant to the construction contract of this case cannot be deemed as naturally attributable to the defendant, as alleged by the defendant.

The judgment below

Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the relevant legal doctrine as well as the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the interpretation of the benefits of confirmation and the construction contract, or by violating logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.