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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
Basic Facts
According to the statement in Gap evidence No. 1, it is recognized that the defendant, on December 21, 2016, prepared and issued the loan certificate (Evidence No. 1; hereinafter "the loan certificate of this case") stating "30 million won" and " May 21, 2014 on the date of preparation" to the plaintiff on December 21, 2016.
The Plaintiff asserted that, on May 21, 2014, the Plaintiff leased KRW 60 million to the Defendant, but the Defendant was paid part of the principal and interest, and on December 21, 2016, the Plaintiff newly issued and delivered the instant loan certificate by setting the remainder of the loan principal as KRW 30 million between the Defendant and the Defendant on December 21, 2016. However, the Plaintiff asserts that the date on which the said loan certificate was drawn out was written was written erroneously stated as “ May 21, 2014.”
On the other hand, the defendant, on April 22, 2015, borrowed KRW 30 million from the plaintiff (the defendant stated that he borrowed on May 21, 2014, but the defendant satisfied all of the above arguments).
Judgment
As long as the establishment of a disposition document concerning the cause of a claim is recognized as authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement (see, e.g., Supreme Court Decision 2002Da6753, Jun. 11, 2002). The interpretation of declaration of intent clearly establishes the objective meaning that the parties have attached to the act of expressing intent, and where the parties to the contract have prepared in writing, which terms and conditions of the contract are disposal documents, as a disposition document, it shall not be bound by the language and text used in the document, but it shall reasonably interpret the objective meaning that the parties have attached to the act
(see Supreme Court Decision 2000Da27923, Oct. 6, 2000). Although the date of drawing up the loan certificate of this case is indicated as “No. 21, 2014,” the date of drawing up the loan certificate of this case is indicated as “No. 21, 2014,” the actual date of drawing up shall be December 21, 201