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(영문) 서울고등법원 2020.07.24 2019나2057603

용역대금 청구

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds to be stated in this part of the underlying facts and the arguments by the parties are the same as the part of “1. Basic Facts” and “2. Party’s assertion” in the judgment of the first instance, and thus, they are included in the summary pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. 1) The meaning of the term of payment under the instant contract is the father of a juristic act that depends on the gender of an uncertain fact in the future. On the other hand, even if the facts have been realized in the future, if the time of realization has not been determined, it should be determined through the interpretation of a juristic act. If it is unclear whether the time of completion is the father’s condition attached to a juristic act or not, it should be determined through the interpretation of a juristic act. If it is reasonable to deem that the performance of an obligation would not occur without the occurrence of the fact indicated in the father’s book, it should be deemed as a condition. However, if it is reasonable to deem that the performance of an obligation should not occur as well as when the occurrence of the fact indicated in the father’s book becomes final and conclusive, it shall be deemed that the determination of the occurrence of the indicated fact has become final and conclusive (see, e.g., Supreme Court Decision 2018Da201702, Jun. 28, 2018).