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(영문) 대법원 2019.06.13 2019다213566
예금반환 청구의 소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the overlapping assumption of obligation agreement and the interpretation of the basic terms and conditions of credit transactions, the interpretation of a juristic act clearly establishes the objective meaning that the parties gave to the act of expression. Although it is not limited to the used language, the objective meaning that the parties gave to the act of expression should be reasonably interpreted according to the contents of the text, regardless of what the parties

In a case where the objective meaning is not clearly revealed through the language and text expressed by the parties, it shall be reasonably interpreted in accordance with logical and empirical rules, common sense of society, and transaction norms so as to conform to the ideology of social justice and equity, by comprehensively taking into account the forms and contents of the language and text, the motive and background of the juristic act, the purpose and genuine intent of the parties to be achieved by the juristic act, transaction practices, etc.

(2) In light of the aforementioned legal principles, the lower court’s determination is justifiable and acceptable. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal. In so doing, it is so decided as per Disposition by the assent of all participating Justices on the bench, except as otherwise alleged in the ground of appeal.

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