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1. The plaintiff's appeal against the defendant C and the defendant B's appeal are all dismissed.
2. The plaintiff and the defendant C.
Reasons
1. The reasoning of the judgment of the court of first instance is as follows: (a) the Plaintiff and Defendant B’s assertion that the Plaintiff and Defendant B might deliver to this court as the main reason for appeal is identical to the reasoning of the judgment of the court of first instance, except for further determination in Paragraph (2) below; and (b) thus, they include the abbreviation thereof pursuant to the main sentence of Article 420 of
2. Determination on additional grounds for the plaintiff's main appeal
A. The summary of the argument is that Defendant C is a party to the instant agreement.
In other words, in addition to the facts acknowledged by the first instance court, Defendant C may be deemed a party to the instant agreement, taking into account the following: (a) the Defendants jointly operated the business entity of “G,” and promoted the so-called “G,” and (b) Defendant C requested the Plaintiff to raise D construction funds; (c) the Plaintiff was an intent to receive reimbursement from Defendant C as well as Defendant B; and (d) the Plaintiff was a party to the instant agreement, such as sending message, etc.
B. As to the issue of determining the parties to a judgment contract, in a case where the intent of the actor and the other party coincide, the parties to the contract should be decided according to the consent of the actor, and in a case where the intent of the actor and the other party are not in accord, the other party should be decided according to who would understand the other party as the contracting party if the other party is a reasonable person based on the specific circumstances before and after the conclusion
(see, e.g., Supreme Court Decision 2007Da31990, Sept. 6, 2007). Generally, who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intention is to clearly determine the objective meaning which the parties have given to the act of indicating it, and if the contents of any contract are written between the parties as a disposal document, it shall be used in writing.