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(영문) 대법원 2020.12.10 2020다213630
손해배상(기)
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. As to the ground of appeal No. 1, where the content of a contract between the parties to the contract as a disposition document is prepared in writing, if the objective meaning of the text is clear, the existence and content of the parties’ expression of intent shall be acknowledged as to the content of the text, unless there are special circumstances. However, where the objective meaning of the text is not clearly expressed, regardless of the parties’ internal intent, the contents of the text and the motive and circumstances leading up to the conclusion of the contract, the purpose and genuine intent of the parties to the contract to be achieved by the contract, transaction practices, etc. shall be comprehensively taken into account, and the contents of the contract shall be reasonably interpreted in accordance with logical and empirical rules, social common sense, and common common sense and transaction norms so as to be consistent with the concept of social justice and equity. In particular, where one party imposes a significant liability on the other party or infringes on or restricts important rights, such as ownership

(See Supreme Court Decision 2014Da14115 Decided June 26, 2014 (see, e.g., Supreme Court Decision 2014Da14115, Jun. 26, 201). The lower court, on the grounds indicated in its reasoning, refers to a case where: (a) there is an application for commencing the procedure for debt readjustment by the issuer or customer of secured stocks; (b) the filing of a petition for bankruptcy; (c) filing of a voluntary agreement; (d) filing of an application for rehabilitation with respect to the issuer or customer; and (e) filing of an application for commencement of rehabilitation; or (d) the filing of an enterprise showing signs of insolvency under the Corporate Restructuring Promotion Act; or (e) the need or possibility, etc. of debt

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