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1. The defendant shall pay 32,00,000 won to the plaintiff and 15% per annum from March 3, 2018 to the day of complete payment.
Reasons
1. The assertion and judgment
A. The summary of the party's assertion 1) On June 10, 2009, the plaintiff lent KRW 32 million to the defendant, and since the defendant is not obligated to pay the above loan to the plaintiff several times, the defendant is obligated to pay the loan to the plaintiff. 2) although the defendant (the defendant prepared a monetary loan certificate on June 10, 2009, it is not effective as it is in a mixed state. 2) Even if the loan certificate is valid, it is not effective as it is in the state of mental disorder. 2) Even if it is valid, it is not completed in the Kunsan City Corporation Corporation, the due date specified in the above loan certificate, and thus, the payment period has not yet arrived. Thus, the defendant does not have any obligation
나. 판단 1) 갑 제1호증의 기재에 변론 전체의 취지를 종합하면, 피고는 2009. 6. 10. 원고에게 아래와 같은 내용의 ‘금전차용증서’(이하 ‘이 사건 증서’)를 작성해 준 사실을 인정할 수 있다. 일금 삼천이백 만 원정 위의 금원을 피고가 차용한 것은 틀림없습니다. (중략) 후일을 위하여 이 금전차용증서를 교부합니다. ◎ 군산시 C리 석산 관계가 마무리 되는대로 1순위로 허가와 동시에 위 대금을 지급하겠습니다. 2009. 6. 10. 2) 이 사건 증서에서 정한 변제기가 도래하였는지에 관하여 살펴본다.
Where a certain fact is attached to the repayment of the obligation, unless there is a special reason, the deadline for performance shall be deemed to have arrived, even if the occurrence of the fact is impossible as well as when the fact occurs, unless there is a special reason.
Furthermore, the realization of the fact prescribed by the subordinate officer is determined by the sex or effort of the person who mainly performs the obligation, and the creditor is not able to affect the realization of the fact, and even if it is not confirmed that the occurrence of the fact is impossible, the period for the performance of the obligation does not occur within a reasonable period of time.