logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.05.11 2015가합25963
양수금
Text

1. The defendant shall pay KRW 655,502,328 to the plaintiff jointly with B.

2. The plaintiff's remaining claims are dismissed.

3.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(2) Article 208(3)3 of the Civil Procedure Act (amended by Service by Public Notice) applies mutatis mutandis to the case of Article 208(3)3 of the same Act

3. Grounds for partial dismissal of the claim against the defendant.

A. In a case where an obligor pays foreign currency claims that are monetary claims that are monetary claims in foreign currency in Korean currency, the time of conversion is not the time of performance, but the time of actual performance, namely, when it is performed in Korean currency (see, e.g., Supreme Court en banc Decision 2010Da103642, Apr. 14, 201; 90Da2147, Mar. 12, 1991). As such, in this lawsuit, the exchange rate as at the time of close conclusion of argument shall be based on the exchange rate as at the time when it actually takes place.

B. Therefore, the defendant is jointly and severally liable with B to pay the amount of KRW 655,502,328 [108,00,000 won 444,000,000 won 103,502,328 won (103,500 won x 10.3918 x 10.3918 x 10.3918) to the plaintiff, and the plaintiff's claim in excess is dismissed.

arrow