1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On January 30, 2012, the Defendant prepared a loan certificate with the purport that KRW 30,500,000 shall be due and payable on April 30, 2012 and 1.5% per interest month to the Plaintiff under joint name with Codefendant B Co., Ltd., Ltd., and the Defendant borrowed 30,50,000 under the name of the Plaintiff, including the carba project cost,

B. Meanwhile, during the period from December 7, 2011 to February 3, 2012, the Plaintiff wired the sum of KRW 18,500,000 to the account of Codefendant B Codefendant B in the first instance trial on four occasions.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. Where a party to a contract prepares in writing a disposal document, the content of a certain contract shall not be cited in the phrase used in the document, but it shall be reasonably interpreted from the objective meaning that the party attached to the act of indicating it in accordance with the written statement regardless of the party’s internal intent. In such cases, if the objective meaning of the text is clear, barring any special circumstance, the existence and content of the expression of intent shall be recognized (see Supreme Court Decision 2010Da81957, Jan. 27, 201). According to the above facts acknowledged, the defendant is jointly and severally liable with the joint defendant corporation of the first instance to pay the Plaintiff the above loan amount of KRW 30,500,00 and delay damages therefor.

B. As to this, the Defendant asserted that it is necessary for the Plaintiff to borrow money from a third party to raise the investment amount promised to the Defendant, and that it only prepared a certificate of borrowing to the Plaintiff, and that it does not actually borrowed money from the Plaintiff.

Therefore, as long as the authenticity of a disposal document is recognized, the court should recognize the existence and content of the declaration of intent according to the contents of the document, but if it is evident and acceptable to deny the contents of the statement, it can recognize facts different from the contents of the statement.