약정금
Of the judgment below against the defendant, the part concerning the claim for damages related to D's price of goods is reversed, and this is applicable.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Regarding ground of appeal No. 1
A. In full view of the facts and circumstances stated in its reasoning, the lower court: (a) on the premise that the Defendant was obligated to return to the Plaintiff the price for the goods that the Defendant received from D up to February 4, 2012, and thus, was obligated to pay the amount equivalent to the above price for the goods to the Plaintiff as compensation for damages; (b) on November 29, 201, the Defendant was obligated to pay the amount equivalent to the above price for the goods; and (c) determined that the specific amount of compensation for damages arising therefrom was KRW 517,385,30 (i.e., KRW 4,895,50,000 converted into the won equivalent to the above price for the goods in accordance with the basic exchange rate as of November 29, 2011 alleged by the Plaintiff (= KRW 4,895,50,000)
B. However, we cannot accept the above determination by the court below for the following reasons.
(1) “Monetary money” under Articles 763 and 394 of the Civil Act, which provides for methods for compensating for damages due to illegal acts, refers to Korean currency. Thus, barring any special circumstance, such as where the parties agree to pay in foreign currency a claim equivalent to the price of goods arising from illegal acts as in this case, the amount of monetary claims designated in foreign currency shall not be deemed to constitute foreign currency claims
(See Supreme Court Decisions 94Da61120 Decided September 15, 1995; 2007Da26455, 26462 Decided August 23, 2007, etc.). In addition, the scope of compensation for damage caused by a tort should, in principle, be calculated on the basis of the time of tort (see, e.g., Supreme Court Decision 2009Da91828, Apr. 29, 2010). In cases where an order is issued to pay damages equivalent to the amount of goods denominated in foreign currency in Korean currency, the amount of compensation shall not be calculated on the basis of the parties’ allegations or in cases of foreign currency claims, such as in cases of foreign currency claims, but at the time of tort.