beta
(영문) 대구지방법원 2016.10.06 2016가단16761

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 65,976,00 and 5% per annum from March 31, 2013 to October 6, 2016.

Reasons

According to the statements in Gap evidence Nos. 1 through 8, the following facts can be acknowledged:

Thus, the defendants are jointly and severally liable to pay to the plaintiff the 400,000 People's Republic of China's Republic of China the 400,0

The Plaintiff claims an amount calculated at an exchange rate as of the date of remittance, but where the obligee claims foreign currency claims which are monetary claims designated in foreign currency conversion into Korean currency by exercising the right to substitute payment, if the court orders the obligor to perform the obligation, the foreign exchange rate at the time of closing argument of the fact-finding court as close as the time when the obligor performs the obligation in reality shall be the standard time for converting the foreign currency

(see Supreme Court Decision 2015Da55397, Jun. 23, 2016). Since the base rate for sale on September 22, 2016, which is the closing date of argument, is KRW 164.94, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 65,976,00 ( KRW 400,000, X164.94) and the damages for delay calculated at each rate of 15% per annum as stipulated in the Civil Act, from March 31, 2013 to October 6, 2016, which is the sentencing date, from the following day to the day of full payment.

Therefore, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed.