양수금
1. The Defendant paid KRW 33,672,80 to the Plaintiff KRW 5% per annum from April 26, 2017 to December 26, 2017.
1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 7, C may recognize the fact that January 25, 2007 lent 3.5 millionN to the Defendant, and C may recognize the fact that on November 7, 2016, the Plaintiff transferred the above claim to the Plaintiff and the Plaintiff, who was delegated with the power to notify the transfer, notified the Defendant of the above transfer on November 7, 2017.
When an obligor pays for foreign currency claims which are monetary claims designated in foreign currency, the purport of Article 378 of the Civil Act, different from the expression "time of payment" under Articles 376 and 377 (2) of the same Act concerning foreign currency claims as to the time of conversion, is to say that the time of conversion should be converted into Korean currency based on the foreign exchange rate at the time of actual performance rather than the time of performance. Therefore, even in cases where the obligee claims for foreign currency claims by exercising the right to substitute payment as above and converting them into Korean currency, the court orders the obligor to perform them, the time of converting the foreign exchange rate at the time of the conclusion of the fact-finding trial into Korean currency at the time of the obligor's actual performance. Thus, the foreign exchange rate at 100 UN at the time of the conclusion of the argument shall be 9.620,672,800 won (=30,500,000,000 won x 9.16,206).
2. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.