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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. On January 27, 2014, the Plaintiff entered into a monetary loan agreement with the Defendant to lend KRW 100,000,000 to the Defendant (hereinafter “instant contract”). On the following day, the Plaintiff transferred the remainder of KRW 97,00,000 to the account in the name of a limited liability company C (hereinafter “C”) designated by the Defendant under the instant contract (i.e., loan amounting to KRW 100,000,000 after deducting KRW 3,00,000), but the Defendant did not repay the remainder of KRW 77,00,000,000 among them. Accordingly, the Defendant did not pay the Plaintiff KRW 77,00,000,000.
2. Determination
A. The who is a party to a relevant legal doctrine constitutes an issue of interpreting the intent of the party involved in the contract (see, e.g., Supreme Court Decision 2012Da4471, Nov. 29, 2012). With respect to the determination of the parties to the contract, if both parties agree, the parties to the contract should be determined according to the agreed intent. If both parties fail to agree, a reasonable person should be determined based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract.
(See Supreme Court Decision 97Da22089 delivered on March 13, 1998). B.
The following circumstances are examined: Gap evidence Nos. 13, Eul evidence Nos. 13, Eul evidence Nos. 1 and 2, Eul evidence Nos. 5-2 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 1, 2, 3, 7, and 10; Gap evidence Nos. 1, 2, 7, and 10; Eul evidence Nos. 1, 3, 7, and 10; Eul evidence No. D’s testimony and oral argument as a whole; and ① the loan certificate (Evidence No. 1) related to the contract of this case is indicated as "F representative E; the loan deposit account is written as "F representative E; the above borrower’s account is written as the defendant; the above borrower’s seal affixed to the above lender is written as the defendant; but only the defendant’s name (the farming association under the former name of change