1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why a party member of the court of first instance shall explain this case are the reasons why the court of first instance, except for adding the following judgments as to the matters alleged in the court of first instance to the pertinent part, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Plaintiff asserted that the right under the instant written rejection of payment constitutes a claim subject to a condition precedent under Article 147(1) of the Civil Act. As such, the Defendant’s failure to comply with the foregoing provision and caused “legal disability,” which makes it impossible to fulfill the said condition of suspension by saving contact. On September 23, 2013, the Plaintiff asserted that the extinctive prescription was not complete, since the statute of limitations expired from the time when a certificate of contents urged the Defendant to perform was sent to the Defendant.

B. The terms and conditions on the market are subordinate officers of a juristic act which depends on the nature and nature of an uncertain fact in the future, and constitute a whole content of the expression of intent constituting the pertinent juristic act. Therefore, in accordance with the general principle of expression of intent, it is necessary to attach the terms and conditions, i.e., the intent to attach them under the general principle of expression of intent, and it is merely the motive of the juristic act unless it is indicated outside, and it does not constitute a condition as subordinate officers of the juristic act.

(see Supreme Court Decision 2015Da219504, Oct. 29, 2015). In addition, in a juristic act to which an associate officer attached, if the fact indicated in the associate officer does not occur, it should be deemed that the liability should not be performed unless it is indicated in the associate officer, or where it is reasonable to view that the fact indicated in the associate officer should be performed only when it occurs.

(See Supreme Court Decision 2013Da26128 Decided August 22, 2013). However, according to the above recognized facts, the instant letter of payment is the method of repayment and the first time to pay KRW 10 million.