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(영문) 울산지방법원 2016.11.01 2016가단54826

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 7,366,00 and the Defendants with respect thereto from March 21, 2016 to September 21, 2016.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act of the judgment by publication.

3. Where a creditor claims claims foreign currency claims which are monetary claims designated in a foreign currency into Korean currency by exercising his/her right to substitute payment, the court shall, when ordering the debtor to perform such claims, make the foreign exchange rate at the time of closing arguments in the fact-finding court which is most close to the debtor's performance as of the time of conversion into Korean currency.

(see, e.g., Supreme Court Decision 2007Da13640, Jul. 12, 2007). On October 18, 2016, the trading base rate of October 18, 2016, is KRW 1084.12,10,00 per 10,000 per 10,000 (in fact, 10.8412 won per 1,000) (i.e., 7,336,00, the Plaintiff converted into Korean won per 79,531,043 (i.e., 10., 10.8412 won x 7,336,00 UN).

This exceeds the plaintiff's claim amount (7,360,000 won), which refers to all the claims claimed by the plaintiff.