[퇴직금등][공2003.9.15.(186),1870]
[1] The standard for determining whether the additional term is a condition precedent for the juristic act attached to the additional term
[2] In a case where certain facts are attached to the repayment of the obligation already borne by the father, the legal nature of the father (=undetermined time limit)
[1] In the case of a juristic act to which an additional officer attached, if there is considerable reason to view that if the facts indicated in the additional officer do not occur, it should be viewed as a condition, and if it is reasonable to view that the obligations should be performed even when the facts indicated have occurred, as well as when the facts indicated have become final and conclusive, it shall be deemed that the existence of the indicated facts has become final and conclusive.
[2] In a case where certain facts are attached to the repayment of the obligation already borne, barring any special circumstance, it shall be deferred and its maturity shall expire at the time of occurrence or confirmation that such fact has not occurred.
[1] Articles 147 and 152 of the Civil Act / [2] Article 152 of the Civil Act
[2] Supreme Court Decision 2001Da41766 decided Mar. 29, 2002 (Gong2002Sang, 988)
Plaintiff
Bankrupt Construction Industry Co., Ltd. (Law Firm Dakel, Attorneys Kim Jae-soo et al., Counsel for the defendant-appellant)
Seoul District Court Decision 2002Na49179 delivered on April 2, 2003
The appeal is dismissed. The costs of appeal are assessed against the defendant.
In the case of a juristic act attached to the subsidiary, it shall be deemed as a condition if it is reasonable to deem that the subsidiary does not perform the obligation unless the facts indicated in the subsidiary have occurred, and if it is reasonable to deem that the obligation should be performed even when the facts indicated have occurred or the opposite thereto have become final and conclusive, it shall be deemed as a definite time limit to determine whether the occurrence of the indicated fact has become final and conclusive. Therefore, in cases where certain facts have been attached to the repayment of the obligation already borne, barring any special circumstance, it shall be deemed as postponed the time of the occurrence of the fact or the time limit when it
In the same purport, where Nonparty 1 applies for voluntary retirement against the plaintiff from December 4, 200 to December 8, 200, the court below is correct in holding that the arrival of uncertain facts is determined as maturity, not as stipulated under the approval of the company reorganization plan, but as it becomes impossible to obtain the approval of the reorganization plan after the abolition of the company reorganization procedure, and that the period has arrived at the time, and there is no error as alleged in the grounds of appeal, such as otherwise alleged in the grounds of appeal.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing defendant.
Justices Zwon (Presiding Justice)