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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from November 9, 2018 to May 17, 2019 to the Plaintiff.
Reasons
1. According to the overall purport of the statement and pleading as to the cause of the claim, the defendant, on March 27, 2017, is obligated to pay the loan amount of KRW 100 million to the plaintiff, and the defendant, on March 27, 2017, a certificate of loan (hereinafter referred to as the "certificate of loan in this case") stating that "Yansan-si C building (hereinafter referred to as "the building of this case") shall offer as collateral and promises to repay the loan in a lump sum within 60 days after completion of construction." Thus, the defendant is obligated to pay the loan amount of KRW 10 million to the plaintiff and delay damages.
2. Judgment on the defendant's assertion
A. The defendant asserts that the defendant's argument that the repayment period of the loan of this case was set within 60 days after the completion of the building of this case, and that the payment period has not yet arrived.
B. Where it is reasonable to view that, with respect to a juristic act attached to the judgment, if there is no fact indicated in the vice versa, it should be subject to the condition that the obligation should not be performed, and where it is reasonable to view that the occurrence of the indicated fact should be performed not only when the indicated fact occurred but also when it is confirmed that it does not take place any objection, it should be determined by the indefinite time limit.
Therefore, in cases where certain facts are attached to the repayment of the obligation already borne, unless there are special circumstances, it shall be deferred and the time period shall expire when the fact occurs or it becomes final and conclusive as not to occur.
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 when the creditor is unable to affect the realization of the fact, a reasonable period of time is not determined as not only when the fact occurs but also when the occurrence of the fact is not determined.