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(영문) 서울고등법원 2016.08.24 2015나2043842
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The plaintiff is a provisional payment to the defendant.

Reasons

1. Matters to be explained by the court on the basis of the facts and arguments of the original defendant are as follows: (a) the second 9th 2nd 9th 201 second 2nd 1st 201 second 2nd 201st 2nd 6th 6th 6th 201, “B2B electronic bill” as “B2B (B2B loan)”; (b) the fourth 4th 11th 13th 13th “B electronic bill” as “B2B”; (c) the fourth 4th 14th 4th 14th 4th 2nd 2nd “B electronic bill” as “B2B”; and (d) the fifth 5th 7th 7th 7th 5th 2B 2B 2B 2B 2nd 2nd 2nd 2nd 3rd 202nd 1st 1st 2nd 4th 202 of the Civil Procedure Act.

2. Whether the agreement in this case is null and void

A. Where the content of a contract between the parties to the contract is written in writing as a disposal document, if the objective meaning of the text is clear, the existence and content of the parties’ expression of intent shall be acknowledged unless there are special circumstances. However, if the objective meaning of the text is not clearly expressed, regardless of the parties’ internal intent, it shall be reasonably interpreted in accordance with logical and empirical rules, general common sense, common sense of society, and transaction norms to conform to the concept of social justice and equity by comprehensively examining the contents of the text, the motive and background leading up to the conclusion of the contract, the purpose and genuine intent to be achieved by the parties to the contract, and transaction practices, regardless of the parties’ internal intent.

(see, e.g., Supreme Court Decision 2014Da14115, Jun. 26, 2014). (B)

In full view of the following circumstances, the evidence mentioned above and the evidence stated in Eul Nos. 1, 2, 5 through 8, 18, 21, and 21 revealed that the entire purport of the pleadings can be seen, the establishment of the "company" under the effective provision of this case, where construction by two parties entered into an agreement with the credit group for the implementation of the management normalization program and re-issuance and settlement of B2B by receiving new funds, etc.

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