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(영문) 서울고등법원 2017.12.12 2017나2043877
물품대금
Text

1. Of the judgment of the first instance, the Defendant ordered the Plaintiff to pay more than KRW 395,88,487 against the Defendant.

Reasons

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, as follows, part of the judgment of the court of first instance is dismissed, and this court added the judgment on the defendant's argument.

2. Of the grounds of the judgment of the court of first instance, Article 1-C (No. 5-9 of the judgment of first instance) (No. 4 of the judgment of first instance) shall be applied as follows.

【Where an obligee claims foreign currency claims, which are monetary claims designated in foreign currency, into Korean currency by exercising the right to substitute payment, the court ordering the obligor to perform the claims shall set the base date for converting the foreign exchange rate at the time of the conclusion of the fact-finding proceedings, which is most close to the obligor’s performance into Korean currency. In cases where an obligor appeal against the first instance judgment regarding performance, the appellate court is in the appellate court, and even if the obligor’s appeal is in the appellate court, the appellate court is in the appellate court, and even if the obligor’s objection is not reasonable in the course of the hearing, the court shall re-inform the amount of the claim based on the foreign exchange rate at the time of the conclusion of the arguments in the appellate court, and then partially accept the obligor’s appeal (see, e.g., Supreme Court Decision 2006Da72765, Apr. 12, 207). The foreign exchange rate (based on the first sale rate at the date of the closing of the arguments in this court) as at November 16, 2017.

() The facts constituting the cause of 297.15 are the facts of the public notice, and based on this, 395,888,487 won (i.e., 1,332,285 royalty) is converted into Korean currency to 395,88,487 won (i.e., 39,000 won x 297.15 won x 297.15 won x below won). Thus, the defendant is liable to pay 395,88,487 won to the plaintiff (the above amount is smaller than 39,046,00 won for the first instance court). Therefore, the defendant is favorable to the defendant who is the appellant.

(i) "";

3. Additional determination as to the defendant's assertion

A. The defendant's assertion 1 is the plaintiff.

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