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1. The Defendant shall pay to the Plaintiff KRW 36,80,000 and the interest rate of KRW 12% per annum from July 27, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) joined the Defendant Company on April 11, 2015 and served until September 10, 2016, but did not receive the total of KRW 36,800,000 from the Defendant.
B. On November 11, 2016, the Defendant prepared and delivered to the Deceased a letter of payment for the following content (hereinafter “instant letter of payment”).
The defendant shall attach a certificate of his seal impression to the effect that (tentatively referred to as "D business") will be paid as the top priority in the event of the occurrence of profits as the business is carried out smoothly with respect to C's overdue wages of KRW 36,80,000,000, which are workers, and then the business is carried out, and shall affix his seal to the certificate of his seal impression. If the income is not paid even after the occurrence of the income, all civil and criminal responsibilities are confirmed.
Since then, the deceased died, and the plaintiff is the deceased's spouse.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. In a juristic act attached to the pertinent legal doctrine, if it is reasonable to view that the failure to perform the obligation would not have occurred unless the fact indicated in the vice versa has occurred, it should be viewed as a condition, and if it is reasonable to view that the performance of the obligation should be made even if not only when the indicated fact has occurred but also when it has become final and conclusive that the occurrence of the indicated fact has not occurred, it shall be deemed as
Therefore, where an indefinite term is attached to a certain juristic act, unless there are special circumstances, the obligation pursuant to the juristic act has already occurred, and the indefinite term is merely a postponement of the due date or the due date.
(see, e.g., Supreme Court Decision 2012Du22706, Oct. 15, 2014). Furthermore, in cases where the time for performance of an obligation becomes final and conclusive, the said time limit is extended.