계약금반환
1. The Defendant shall pay to the Plaintiff KRW 21,581,175 and interest rate of KRW 15% per annum from August 6, 2015 to the date of complete payment.
According to the statement in Gap evidence Nos. 1 through 3 (including evidence attached with a serial number), on November 12, 2013, the plaintiff performed the duty of the defendant to register the plaintiff with the U.S. Public Procurement Service on the plaintiff's blood measuring instrument and the service price shall be US$ 38,500. If the defendant fails to perform the registration duty within 12 months or 18 months after the conclusion of the above contract, 50% of the service price shall be returned to the plaintiff (hereinafter "the service contract in this case"). The plaintiff paid all US dollars 38,500 to the defendant as stipulated in the service contract in this case, but the defendant failed to perform the registration duty within 18 months after the conclusion of the above service contract.
Therefore, the defendant is obligated to pay to the plaintiff 19,250 US dollars (=38,500 US$500 + 50%) and damages for delay as stipulated in the service contract of this case.
However, in cases where a creditor claims for foreign currency claims to be converted into Korean currency by exercising the right to substitute payment, the court ordering the debtor to perform such claim, the court shall set the basis for converting the foreign exchange price at the time of the conclusion of the fact-finding proceedings which is most close to the debtor's performance into Korean currency (see, e.g., Supreme Court en banc Decision 90Da2147, Mar. 12, 1991). The fact that the base rate for sale and purchase as of April 7, 2016, which is the date of the closing of the argument in this case, is significant in this court. The defendant is liable to pay to the plaintiff 22,204,875 won (i.e., USD 19,250) and damages for delay calculated by the rate of 15% per annum from August 6, 2015 to the date of complete payment, as requested by the plaintiff, within the scope of 21,581,175 won and the following day after the copy of the complaint in this case was served to the defendant.
Thus, the plaintiff's claim shall be accepted on the grounds of its reasoning.