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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The facts finding the Defendant, on December 8, 2010, prepared a loan certificate stating that “the Defendant borrowed KRW 20 million from the Defendant, and the said money would be repaid in the said money when advance payment was made for the reconstruction removal work of the old Si-U.S. C apartment.” The Plaintiff paid the Defendant a sum of KRW 20 million between December 4, 2010 and December 8, 2010 (hereinafter “instant loan”) to the Defendant may be recognized either by dispute between the parties or by the statement in the evidence No. 1 and No. 2.
2. The party's assertion and judgment
A. 1) The Plaintiff’s assertion 1) The Plaintiff had the due date for the instant loan, and the Defendant is obligated to pay the Plaintiff the instant loan and the damages for delay thereof. 2) The Defendant alleged that the Defendant was awarded a contract for the reconstruction of the said C apartment from the partnership head and the rearrangement company, and then the said demolition was subcontracted to the Plaintiff. The Plaintiff borrowed the instant loan from the Plaintiff, and the instant loan was agreed to be paid by the Defendant in advance when the removal was performed.
However, since the defendant did not receive advance payment due to the detention of the president of the partnership and the default of the exercise of the partnership, it cannot respond to the plaintiff's request.
B. In the case of a juristic act to which the judgment was attached, if it is reasonable to view that the failure to perform the obligation would not have occurred unless the facts indicated in the vice versa have 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 facts have occurred but also when the objection has become definite, it shall be deemed as determining the existence of
(See Supreme Court Decision 2003Da24215 delivered on August 19, 2003). In the event of an indefinite term, the obligor becomes aware of the arrival of the due date.