A. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) with Defendant B’s representative (in-house director) promoted the business of newly constructing and selling multi-household houses on the ground of Gwangju City D.

B. Upon Defendant B’s request, the Plaintiff transferred KRW 79,50,000 to Defendant B’s account from January 17, 2018 to September 8, 2018. The Defendants asserted that the Plaintiff agreed to receive interest calculated at the rate of 24% per annum on the principal and the interest accrued therefrom to the Plaintiff by selling the said new building in units and repaying the amount of the said money. However, it is insufficient to recognize the Plaintiff solely on the basis of each of the items stated in the evidence Nos. 7, 11, 12, 13-2, and 15-1.

The commitment was undertaken.

C. The Defendant Company obtained approval for the use of a new building on November 26, 2018. Around January 10, 2019, after obtaining a loan for a new building as security, and repaid each of the Plaintiff KRW 50 million on January 11, 2019, and KRW 5 million on January 18, 2019.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, and 7, the purport of the whole pleadings

2. Determination

A. Conditions and terms and conditions of the legal doctrine are the subsidiary of a legal act that leads to the occurrence or extinguishment of the legal effect to depend on the gender of an uncertain fact in the future.

On the other hand, even if there is a future fact, if it is not always realized in the future, it should be viewed as a time limit even if it is not determined.

If it is not clear whether the father attached to a juristic act is the condition or the deadline is the condition, it should be decided through the interpretation of the juristic act.

It should be viewed as a condition where it is reasonable to view that a debtor will not perform his/her obligation unless the fact indicated in the father is occurred.

However, if it is reasonable to regard that the obligations should be performed even if the facts indicated in the Sub-section have occurred and the counterclaim has not occurred.