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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 12% per annum from June 26, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On June 17, 2014, the Plaintiff leased KRW 60 million to the Defendant, stating that “When the Defendant’s repayment period is due for D 15,000 square meters for the racing that was in progress by the Defendant, and the remainder of the entire land is paid by the Defendant,” the Plaintiff’s repayment period is as follows.
B. The defendant does not undertake the above development project at present.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. 1) In the case of a juristic act to which an additional official was attached, it should be deemed as a condition if it is reasonable to deem that a creditor will not perform his/her obligation unless the fact indicated in the additional official is not occurred. In a case where it is reasonable to deem that a creditor should perform his/her obligation not only when the indicated fact occurred but also when it becomes final and conclusive when it does not oppose the other, it should be deemed as a definite time limit (see, e.g., Supreme Court Decision 2003Da24215, Aug. 19, 2003). Meanwhile, in a case where a certain fact is attached to the repayment of obligation as an additional official, it shall be deemed that not only when the fact occurs, but also when the fact becomes impossible. Furthermore, according to the above legal principles, the realization of the fact determined by the additional official depends on the nature or effort of a person who mainly performs his/her obligation, and even if the fact is not possible, it shall be deemed that the period for performance does not arrive within a reasonable period of time (see, 2015Da27,27,27, etc.).