가. 원고는 2012. 4. 2. 피고 B에게 변제기 2013. 3. 31., 이자 월 1%로 정하여 일본국 법화 200만 엔(円, 이하 ‘엔’이라고만 한다)을 대여(이하 ‘이 사건 대여’라 한다)하였고, 같은 날 피고 C이 원고에 대한 피고 B의 위 채무를 연대보증하였다.

B. Until May 2013, Defendant B paid the Plaintiff the principal amount of KRW 200,000 and interest and delay damages. However, Defendant B did not pay interest or delay damages from the remaining principal amount of KRW 18 million and June 2013.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleading

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the defendants are obligated to pay the plaintiff 1,80,000 UN and its delay damages, barring any special circumstance. In light of the purport of Article 378 of the Civil Act, where the debtor pays for the foreign currency claims designated in foreign currency in Korean currency, it is reasonable to say that the time of conversion is not the due date, but the actual performance, i.e., when it is converted into Korean currency at the foreign exchange price at the time of actual performance. Thus, in cases where the plaintiff, the creditor, claiming for the above foreign currency claims in Korean currency by exercising the right to substitute payment for the above foreign currency claims, the court shall consider the amount to be claimed by the plaintiff as the basis for conversion into Korean currency at the time of the close conclusion of the arguments in fact at the time of the fact-finding proceedings at the time of the performance of the debtor's claim into Korean currency, and order the performance of the claim again based on the foreign exchange price at the time of its conversion into Korean currency (see, e.g., Supreme Court Decision 2007Da1475.