물품대금
The judgment of the court below is reversed, and the case is remanded to the Gu Government District Court.
The grounds of appeal are examined.
1. Conditions are the subsidiary of a legal act which leads to the occurrence or extinguishment of a legal act 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, in a case where it is reasonable to view that not only the fact indicated in the vice versa but also the obligation should be performed even if it has become final and conclusive, the determination of the occurrence of the alleged fact shall be deemed to be an indefinite time limit.
(see, e.g., Supreme Court Decision 2013Da27800, Aug. 22, 2013). The same shall apply where such father-management forms part of a compromise agreement.
(See Supreme Court Decision 4288No281 delivered on January 12, 1956). 2. According to the lower judgment and the record, the following facts are revealed.
The Plaintiff produced and supplied piping materials to the Defendant from January 2, 2014 to August 31, 2015.
On October 22, 2015, the Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 126,904,891, alleging that the Defendant did not receive KRW 126,904,891 as the price for piping materials.
On November 6, 2015, the Defendant filed a lawsuit against the Plaintiff seeking confirmation of the existence of an obligation and compensation for damages (hereinafter “action for confirmation of existence of an obligation”) by Seoul Eastern District Court 2015Kahap10032.
B. Around August 2016, when the instant lawsuit was pending, the Plaintiff and the Defendant agreed as follows.
(hereinafter referred to as “instant agreement,” and the written agreement is referred to as “instant agreement.” (1) The Plaintiff.