1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. From March 27, 2015 to March 2, 2016, the Plaintiff was the auditor of C Co., Ltd. (hereinafter “C”). On November 10, 2015, the Defendant, the lower beneficiary of C, prepared the following loan certificates (hereinafter “instant loan certificates”), and the Plaintiff lent KRW 17,000,000 to the Defendant following the following day (hereinafter “instant loan”).

The loan certificate amount: 17,00,000 won will be used as personnel expenses and operating expenses for the construction of boundary stones during the D Construction, and C will promise to pay the construction cost at the time of receipt, and will present a loan certificate.

The borrower (joint) on November 10, 2015: He Hear: B and E:

B. C closed January 20, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. Of the contents stated in the Plaintiff’s loan certificate, “A repayment at the time of receipt of construction cost” was set as the due date for the instant loan, and it was confirmed that C was impossible to generate the said due date due to the closure of business, and thus, the Defendant must repay all the instant loan to the Plaintiff.

B. Of the contents stated in the Defendant’s loan certificate, “the construction cost is to be repaid in C” refers to the conditions for the suspension of loan repayment, and “the time of receiving construction cost” refers to the time of receiving the total construction cost, and the condition for suspension is fulfilled when the Defendant receives the total construction cost from C. Since the Defendant failed to receive the total construction cost from the Plaintiff, the Defendant’s obligation to repay the loan does not occur since the requirements for suspension were not fulfilled

3. Determination

(a)in respect of any legal act to which an additional condition is suspended or indefinite time is attached, it would be reasonable to deem that the obligation will not be fulfilled unless the facts indicated in the additional condition occur;