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The judgment below
The part concerning the loan claim is reversed, and that part of the case is remanded to the Seoul High Court.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal on the claim for loan
A. On November 1, 2010, the lower court: (a) prepared a letter of this case stating that the Defendant shall pay KRW 120 million to the Plaintiff on November 1, 2010; (b) provided that if the Defendant’s workplace gains more than KRW 40 million a month, 10 million should be paid; and (c) that the Plaintiff remitted KRW 20 million to the Defendant on September 25, 2006; and (d) delivered a cashier’s check causing KRW 30 million a face value around October 2006, the lower court determined that the Plaintiff paid KRW 120 million to the Defendant, not as a loan; (c) however, it is difficult to view that the Plaintiff provided the Plaintiff with a loan, and (d) the Defendant decided that the Plaintiff paid part of the profits to the Defendant’s workplace within the scope of KRW 120 million on the condition that the Plaintiff would incur more than KRW 400,000 per month on the condition that the Plaintiff would not have accrued from the closure of the business, and without any interest.
B. However, we cannot accept the above determination by the court below for the following reasons.
1) The interpretation of a declaration of intent is to determine the objective meaning given by the parties to the act of indicating the intent. If the parties to the contract prepare in writing a disposal document, if the objective meaning of the language and text used in the document is clear, the existence of the declaration of intent and its contents should be acknowledged as follows, barring special circumstances (see, e.g., Supreme Court Decision 2013Da19830, Sept. 27, 2013). 2) The reasoning of the lower judgment and the record reveals the following circumstances. Each of the instant cases may be seen as follows. The Defendant shall pay the Plaintiff KRW 120,000,000, and if the Defendant’s place of business takes place more than KRW 40,000 per month, 10% of the profit shall be paid, and there shall be black at the Ysan-si factory in which the Plaintiff worked at the workplace.