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(영문) 창원지방법원 밀양지원 2018.02.06 2017가단1693

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,199,95 and KRW 23,425,60 among them, from October 1, 2016 to 20,74.

Reasons

The reasons for the indication of the cited part of the claim are as shown in the attached Form.

In the part of the judgment by public notice of application (Article 208(3)3 of the Civil Procedure Act) by public notice, the Plaintiff seeks payment of KRW 24,420,00 in total by calculating the exchange rate per USD 22,00 per USD 1,110 as of October 4, 2016, which the Defendants agreed to pay in US dollars, by 24,420,000 ($22,000 x 1,110).

When an obligor pays foreign currency claims which are monetary claims designated in foreign currency in Korean currency, the purport of Article 378 of the Civil Act, different from the expression "payment time" under Articles 376 and 377 (2) of the same Act concerning foreign currency claims as to the conversion time, is to say that the conversion time is not the due date, but the conversion time should be converted into Korean currency based on the foreign exchange rate at the time of actual performance. Thus, even in cases where the obligee claims the above foreign currency claims to be converted into Korean currency by exercising the right to substitute payment, if the obligee orders the obligor to perform it, the foreign exchange price at the time of the closing of argument at the fact-finding court which is most close to the time when the obligor performs it in Korean currency shall be the standard for converting Korean currency.

(See Supreme Court Decision 90Da2147 Decided March 12, 1991. As to the amount to be paid in Korean currency by the Defendants in accordance with the aforementioned legal doctrine, the health care unit was publicly announced as of January 16, 2018, which was the date of closing argument of the instant case, as of January 16, 2018, the basic exchange rate of US dollars 1064.80 won per USD 23,425,60 (=$22,000 + KRW 1064.80). Thus, the Defendants should pay to the Plaintiff.

Therefore, the plaintiff's claim exceeding the above amount is without merit.

Thus, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and all claims are dismissed as it is without merit.