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(영문) 수원지방법원 2017.01.26 2016나58994
분양잔대금
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 first instance court.

Reasons

1. Determination on the cause of the claim

A. On March 1, 2002, the Plaintiff sold to the Defendant the share of KRW 150,000 in the purchase price of KRW 150,000,00 among the land in Seongbuk-gu, Sungnam-si. However, on the part of convenience sales contract, the seller entered the seller as a representative director, and the Defendant did not pay KRW 20,000,000 out of the purchase price stated in the preceding paragraph to the Plaintiff.

3) Therefore, the Defendant is obligated to pay the Plaintiff the above sales balance of KRW 20,000,000 and damages for delay thereof. B. 1) Generally, who is the party to the contract 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 indicating, and where the contents of a contract are written in writing as a disposal document between the parties, the objective meaning that the parties have given to the act of expressing intent shall be reasonably interpreted according to the contents of the document, regardless of the internal intent of the parties, even though it is not attached to the phrase used in the document. In this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be acknowledged as

(2) On May 13, 2010 (see, e.g., Supreme Court Decision 2009Da92487, May 13, 2010). Inasmuch as the Plaintiff submitted as evidence of the fact that the Plaintiff entered into the sales contract, the Plaintiff’s evidence No. 1 (see, e.g., Supreme Court Decision 2009Da92487, May 13, 201).

According to the statement, D Co., Ltd (the plaintiff) is marked as the seller, the representative director of D Co., Ltd. is affixed with the seal of the representative director of D Co., Ltd., and D Co., Ltd. is the defendant on March 1, 2002.

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