(영문) 춘천지방법원원주지원 2016.01.14 2015가단6301

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(영문) 춘천지방법원원주지원 2016.01.14 2015가단6301

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The Defendant loaned KRW 30,000,000 to the Defendant was insufficient for the construction cost of the new building of a kindergarten affiliated with the Defendant and requested the Plaintiff to lend the insufficient construction cost. Accordingly, on February 17, 2015, the Plaintiff lent KRW 30,000 to the Defendant on February 17, 2015, and the actual payment of money was made by means of transfer to the F’s account, a construction business operator.

section 23 of this title.

2. Whether the repayment period has arrived;

A. The confirmation document prepared at the time when the Plaintiff lent 30,000,000 won to the Defendant is stated as follows: “I confirm the preferential payment of the insurance money at the time of receiving the insurance money from the guarantee insurance for the first time of March.” The above statement shall be deemed to be the statement on the maturity of KRW 30,000,000.

In this case, ‘the statement' is called ‘the due date for payment of this case'.

(B) Therefore, the issue of whether the Defendant’s repayment of the debt owed to the Plaintiff according to the terms and conditions of the instant payment period ought to be examined. (B) In a juristic act to which an additional officer attached with the relevant legal doctrine, if it is reasonable to deem that the Defendant would not perform the obligation unless the facts indicated in the additional officer have occurred, it shall be deemed as a condition, and in a case where it is reasonable to deem that the obligation should not be performed, as well as when the facts indicated have occurred, and where it becomes final and conclusive, the existence of the indicated fact shall be determined as an indefinite term. Therefore, in a case where certain facts are attached to the repayment of the debt already borne, barring any special circumstance, it shall be deferred, and the time period shall expire when the facts have occurred or it is determined as not to occur (see Supreme Court Decision 2003Da34245, Aug. 19, 20

In this case, the review of this case is the first construction of teaching staff, and the new construction of a kindergarten under the defendant's control.

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