beta
Text
1. The Defendant’s KRW 480,000,000 per annum for the Plaintiff and 5% per annum from June 19, 2015 to November 29, 2015.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. The Defendant: (a) on June 17, 2015, a letter of commitment stating that “the Plaintiff borrowed KRW 480 million from the Plaintiff, and repay it in cash or in harmony C (hereinafter “instant land”) by June 18, 2015 (hereinafter “instant letter of payment”).” (hereinafter “instant letter of payment”).
(2) The Defendant did not either pay the Plaintiff a cash of KRW 480 million or transfer the ownership of the instant land until June 18, 2015.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 9 evidence, purport of the whole pleadings
B. According to the above facts, the Plaintiff acquires monetary claims worth KRW 480,000,000 based on the instant payment note, or one of the claims for the registration of ownership transfer with respect to the instant land. According to the evidence No. 2, there is no agreement as to the exercise period or the person who exercises the right of choice. (2) On the other hand, in the absence of statutory provision or agreement between the parties with respect to selective bonds, the right of choice is a debtor (Article 380 of the Civil Act), and in the absence of the period for exercising the right of choice, if the other party does not choose within a reasonable period after the expiration of the claim, the right of choice is transferred to the other party when the option is not selected within the reasonable period (Article 381(2) of the Civil Act), and the purpose of the claim is remaining if two or more acts of choice are impossible from the beginning or becomes impossible after the lapse of the period (Article 381(2)).
(Article 385(1)3 of the Civil Act provides that the Plaintiff’s filing of the instant lawsuit against the Defendant seeking a payment of KRW 480 million on July 21, 2015 may be deemed to include a peremptory declaration of intent against the Defendant to exercise the right of choice. However, the Defendant’s filing of the instant lawsuit with the Defendant on November 29, 2015 until the submission of the written answer on January 26, 2016 after receiving a duplicate of the written complaint.