Where an uncertain fact is determined as the due date, determination as to whether such time arrives or not;

Where the parties have determined the period for performance when uncertain facts have occurred, the period for performance shall be deemed to have arrived when such facts have occurred, as well as when such facts are impossible.

Article 152 of the Civil Act

[Judgment of the court below]

Defendant 1 and one other

Seoul High Court Decision 87Na1183 delivered on March 18, 1988

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

According to the reasoning of the judgment below, on July 26, 1986, the defendants entered into a lease agreement with the plaintiff to lease the original store at the original market, and received 8,000,000 won in total from the plaintiff as the intermediate payment on September 12, 1986 of the same year. The defendants cancelled the above lease agreement with the plaintiff on October 6, 1986, and agreed to return 8,000,000,000 won in total from the down payment and the intermediate payment paid by the plaintiff to the plaintiff when the store was sold in lots or leased to another, and there is no evidence to acknowledge that the defendants leased the above store to the plaintiff at the time of the sale in lots, and therefore, the defendants did not pay to the plaintiff the above store at the next place, and therefore, the non-party who sold new products at that time did not sell in lots or lease to the plaintiff, and therefore, the defendants did not pay the above amount of 8,000,000 won for the first time.

However, in a case where the parties have determined the time of uncertain occurrence, not only when such occurrence occurred but also when such occurrence is impossible, the period for payment should be deemed to have come due.

As determined by the court below, if the above non-party occupies or uses the above store even from October 5, 1986 to the closure of the hearing of the court below after 1 year and 5 months from the date when the defendants agreed to the return of the money in its judgment by allowing the non-party to use the store without selling or leasing it to another person, the occurrence of the above store's sale or lease to another person is impossible unless there are special circumstances, and it shall be deemed that the payment period of the money at the time when the defendants decided to return it to the plaintiff has come to the expiration of the payment period.

The decision of the court below is justified in the misapprehension of legal principles as to the arrival of an indefinite term of time, so that the court below did not reach the due date of the obligation to pay the same amount.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Song Man-man (Presiding Justice)