손해배상(기)
1. The Defendant’s KRW 489,541,027 as well as 5% per annum from June 27, 2013 to April 7, 2015 to the Plaintiff.
1. Basic facts
A. The parties concerned are corporations with the purpose of protecting forests and selling timber as corporations in Indonesia, and the defendant is a person who was a de facto representative of C (C; hereinafter “indonesia”) a corporation located in Indonesia.
B. In relation to the transaction between the plaintiff and the non-party company, since around 2008, the non-party company began the transaction with the plaintiff's physical food points and the plaintiff's physical food points from 2009. The details of the transaction are that the plaintiff supplied timber to the defendant and the non-party company paid the wood price to the plaintiff. However, timber is the form of directly shipping to the customer designated
C. On November 24, 2015, the date of the closing of argument in the instant case, the exchange rate of US$ 1,153.8 won per USD 1.
[Grounds for recognition] The substantial facts in this Court and the purport of the whole pleading
2. Discharge of an obligation to pay the price of goods;
A. Comprehensively taking account of the overall purport of the arguments in the statement No. 1-2 and No. 2-2 of the evidence No. 1-2, the Defendant agreed to pay to the Plaintiff USD 231,206.59, USD 117,761, and USD 348,967.59, which was incurred by the transaction between the Plaintiff and the non-party company from October 17, 2012 to December 2, 2012. The Defendant agreed to pay to the Plaintiff the amount of USD 82,336.80, which was incurred by the transaction between the non-party company and the Plaintiff’s recreation branch at around that time. Thus, the Defendant is liable to pay the Plaintiff the sum of the above price for the goods, USD 431,304.49, and delay damages therefrom.
B. In a case where an obligor pays for foreign currency claims which are monetary claims in a foreign currency, the time of conversion is not the time of performance, but the time of actual performance, namely, when the obligor pays for foreign currency claims in Korean currency. Therefore, Supreme Court en banc Decision 2010Da103642 Decided April 14, 201, Supreme Court en banc Decision 90Da2147 Decided March 12, 1991.