(영문) 울산지방법원 2015.10.28 2014가합5643

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(영문) 울산지방법원 2015.10.28 2014가합5643

약정금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff and the Defendant agreed to divide 1/2 of net income while operating D in the partnership business into two parts. As of December 31, 201, the Plaintiff and the Defendant agreed to divide 462,669,852 won or 510,524,940 won or 533,834,379 won.

In addition, the plaintiff lent KRW 120,000 to the defendant in the course of the same business.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 171,334,926 remaining after deducting the money already received from 1/2 of the above net profit and KRW 120,000,000.

B. Defendant 1) Party to the instant agreement is the Plaintiff’s Party E and the Defendant, and only the Plaintiff lent its name. The other party who lent KRW 120,000,000 to the Plaintiff is the Plaintiff’s Party F Co., Ltd. (hereinafter “Nonindicted Company”).

(2) The net profit incurred in the operation of the non-party company is KRW 282,53,675, and more than half of the net profit was already paid to the plaintiff or E.

3 Even if the net profit accrued from the operation of the non-party company exists, the plaintiff shall seek payment from the non-party company.

2. Determination as to the confirmation of parties to the instant agreement and the claim for loans

A. The identity of the party to the relevant legal doctrine 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 which the parties have given to the act of indicating, and where the contents of a contract are written in writing, which is a disposal document, it shall not be cited in the phrase used in the document, but it shall reasonably interpret the objective meaning that the parties have given to the act of indicating, regardless of the internal intent of the parties. In this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be recognized as stipulated in the text, unless there are special circumstances.

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