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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion that around October 2012, the plaintiff guaranteed the defendant's obligation to pay interest amounting to KRW 140,159,70 to the non-party C, and that around March 2014, the plaintiff urged C to pay the interest amount from the loan amount, and the lawsuit filed against C [this Court 2014Gahap102607 (the confirmation of the existence of the principal claim), 2014Gahap107657 (Counterclaim) (other money)] also accepted the counterclaim claim of C seeking the payment of the above interest, so the plaintiff may exercise its prior right to indemnity pursuant to Article 442 (1) 1 or 4 of the Civil Act, and the defendant is obligated to pay the above 140,159,700 won to the plaintiff and interest thereon.
2. Determination
(a) who is the party to the relevant legal doctrine contract is a matter of interpretation of the intent of the party involved in the contract;
The interpretation of a declaration of intent is to clearly confirm 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 parties’ internal intent (see, e.g., Supreme Court Decisions 94Da5122, Jun. 30, 1995; 2000Da27923, Oct. 6, 2000). In such a case, if the objective meaning of the text is clear, the existence and content of the declaration of intention shall be recognized as stipulated in the text, unless there are any special circumstances.
(Supreme Court Decision 200Da72572 Decided May 24, 2002, and Supreme Court Decision 2009Da92487 Decided May 13, 2010) B.
There is no dispute over whether the Plaintiff is a trustee of the obligation with the Defendant as the principal obligor, and each entry and pleading of Gap evidence Nos. 2 through 4, 6, 7, and Eul evidence Nos. 1 and 2 (including numbers, if any).