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(영문) 서울중앙지방법원 2016.10.28 2015가합575872
중개수수료 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 611,438,824 and the interest rate of KRW 15% per annum from August 16, 2016 to the date of full payment.

Reasons

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

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

3. Part concerning partial dismissal.

A. The Plaintiff asserts that there was a claim equivalent to USD 534,241 in U.S. dollars (hereinafter “$”) against the Defendant, and sought payment of USD 616,514,114 ($ 534,241 + USD 1,154/1 in total by applying USD 1,154/1 in exchange rates as of November 20, 2015, around the time of the instant lawsuit.

B. In cases where an obligor pays foreign currency claims which are monetary claims designated in a foreign currency in Korean currency, the purport of Article 378 of the Civil Act, which is different from the expression "payment period" under Articles 376 and 377(2) of the same Act concerning foreign currency claims as to the conversion period, is to say that the conversion period should be converted into Korean currency at the time of actual performance, i.e., when the actual performance is performed, not the due date, but the foreign exchange rate at the time of actual performance. Thus, even in cases where the obligee claims the above foreign currency claims by exercising the right to substitute payment and converting them into Korean currency, if the obligor orders the performance thereof, the court shall determine the foreign exchange price as at the time of the closing of arguments at the fact-finding court as at the time of the obligor's actual performance as at the time of

(Supreme Court en banc Decision 90Da2147 delivered on March 12, 1991). C.

As of October 27, 2016, which was the day before the date of the closing of the instant argument, the exchange rate (the base rate for the final sale) as of October 27, 201, is KRW 144.5 won/1,000, the Defendant is obligated to pay to the Plaintiff a total of KRW 611,438,824 [$ 534,241 + USD 1,144.5 won/1, and less than KRW 1) and damages for delay from August 16, 2016, which is the day following the day when the duplicate of the instant complaint was served on the Defendant, and the Plaintiff’s claim exceeding the above recognition scope is groundless.

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