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(영문) 서울고등법원 2016.04.22 2015나2054514
보증금반환등 청구
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, as it is, except for the following reasons.

Part 12 to 10 pages 12, 10, shall be improved as follows:

“A party to a contract is a matter of interpreting the intent of the party involved in the contract. Interpretation of intent constitutes a matter of interpreting the intent of the party involved in the contract. The objective meaning granted to the party to the contract is clearly established by the parties to the contract in writing, and in cases where the content of a contract is written out between the parties to the contract, it shall be reasonably interpreted by the content of the written statement, regardless of the party’s internal intent, regardless of whether it is written. 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 2013Da2245, Apr. 26, 2013). In particular, if the objective meaning of the text is interpreted differently from the objective meaning of the text, thereby seriously affecting the legal relations between the parties, it shall be more strictly construed (see Supreme Court Decision 2012Da21621, Nov. 27, 2014).

(i)A, on the part of the party’s indication, the [1] lessee and the entrusted operator] Company for the Golf Hostel Co., Ltd. (hereinafter referred to as “Tantool Golfcom”)

(2) The Defendant, which is the “(2) real estate security holder”, stated that the Defendant is the joint and several surety A, and as a joint and several surety member and a real estate security provider, is the Kashsan Development Co., Ltd.

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