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(영문) 대법원 2016.01.14 2015다44205
대금반환
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Where a contractual party prepares in writing a certain content of a contract as a disposal document, if the objective meaning of the text is clear, barring special circumstances, the existence and content of the declaration of intent should be recognized. In particular, in a case where a significant impact on the legal relationship between the parties by interpreting differently from the objective meaning of the text, the more strict interpretation of the text should be made.

(see, e.g., Supreme Court Decisions 2008Da46531, Nov. 13, 2008; 2010Da26769, Nov. 11, 2010). 2. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following.

On June 23, 2011, the Plaintiff, a Chinese company, entered into a contract with the Defendant for the production of a carter automatic assembly facility (hereinafter “instant facility”) (hereinafter “instant contract”).

B. ① Article 1 of the Agreement prepared at the time of the conclusion of the instant contract (hereinafter “Agreement”) provides, “The purpose of this Agreement is to clarify the mutual rights and obligations between the Plaintiff and the Defendant in the manufacture of the instant facilities, and to produce the instant facilities in a successful manner in accordance with the good faith principle. However, in order to reduce the unit price due to the cost of the production of facilities, the Defendant is responsible for the technical part (design Part), and the part of the finished product travel assembly and trial operation shall be handled under the responsibility of the Defendant’s engineer from the side until the completion of the contract. The estimated amount out of the estimated amount shall be handled under the responsibility of the Defendant’s technical part (Korean corporation of the Plaintiff). The sending equipment shall be borne by the Plaintiff only three times, and the other travel fee shall be borne by the Defendant.” ② Article 2 of the Agreement provides, “The content of the contract” as stipulated under the following Item (a

Equipment name: Cooperation shall be made until the design part of the instant facility and the technical support for the production of the facility in China is completed.

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