beta
Text
1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from May 29, 2018 to the day of complete payment.
Reasons
The Plaintiff’s loan of KRW 70,00,000 to the Defendant on September 15, 2010, and KRW 70,000,000,000, totaling of KRW 50,000 on March 24, 2011, to the Defendant is either a dispute between the parties or is recognized by the evidence Nos. 1 and 2. As seen thereafter, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from May 29, 2018 to the day of full payment, on the record that the Plaintiff’s loan of KRW 70,00,000,000 and the following are the following:
The defendant's argument that the plaintiff borrowed KRW 70,000,000 from the plaintiff and agreed to pay the service fees from the BHousing Redevelopment and Improvement Project Association (hereinafter referred to as the "Association of this case") which entered into a service contract with the defendant. The defendant asserted that the due date has not yet arrived since it did not receive the service fees from the union of this case until now.
In a case where a juristic act is attached, if it should be deemed that the obligor does not perform his/her obligation unless the facts indicated in the vice versa have occurred, it shall be deemed as a condition of suspension. If it is reasonable to view that the obligor should perform his/her obligation not only when the indicated facts have occurred but also when it has become final and conclusive that the occurrence of the indicated facts has not occurred, it shall be deemed that the fixed time limit
In cases where certain facts are attached to the repayment of the obligation already borne, unless there is a special reason, it shall be deferred and the maturity shall expire at the time when the facts have occurred or it is confirmed that no occurrence has occurred.
(see, e.g., Supreme Court Decision 2010Da89036, Apr. 28, 2011). B.