(영문) 수원지방법원 2017.02.16 2016가단524971

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(영문) 수원지방법원 2017.02.16 2016가단524971

대여금

Text

1. The Defendant’s KRW 60,000,000 as well as the Plaintiff’s annual interest from May 31, 2006 to June 13, 2016, and the following.

Reasons

1. The parties' assertion

A. The plaintiff asserted that the plaintiff lent KRW 60 million to the defendant around February 28, 2006 and received a cash custody certificate as of May 30, 2006.

Therefore, the defendant should pay to the plaintiff 60 million won and interest for delay.

B. The Defendant asserted that the Defendant introduced D, which was the head of LG Electronic C Marketing Center (MC) to the Plaintiff, who had engaged in the business of installing household appliances, such as air conditioners. At that time, D agreed that the Plaintiff would borrow KRW 60 million from the Plaintiff, while taking the office building and building an officetel supplied and constructed by the LG Electronic C Marketing Corporation (MC) to the Plaintiff, and that the above loan would be deemed to have been repaid if the above delivery was performed normally.

In the end, the plaintiff lent money to D, who is not the defendant, and since the above remaining parts were normally carried out, all of them will be repaid.

2. Determination

(a) who is the party to the 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 expression, and where the contents of a contract are written in writing, which is a disposal document, the objective meaning that the parties have given to the act of expression shall be reasonably interpreted according to the contents written in writing, regardless of the internal intent of the parties. In this case, if the objective meaning of the text is clear, unless there are special circumstances, the existence and contents of the declaration of intention shall be acknowledged.

(see, e.g., Supreme Court Decision 2012Da44471, Nov. 29, 2012). B.

As to the instant case, comprehensively taking account of the overall purport of the pleadings in the statements Nos. 1, 1, 1, and 9 as to the records, ① Cash custody certificate prepared and issued by the Defendant to the Plaintiff, the Defendant’s cash custody certificate from February 28, 2006.

5.To 30.0,00 won shall be kept in custody.

참조판례

-대법원 2012. 11. 29. 선고 2012다44471 판결

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