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(영문) 서울중앙지방법원 2018.01.11 2017나58191
수수료반환 청구의 소
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim is dismissed.

B. The defendant

Reasons

1. The grounds for appeal by the plaintiff and defendant of the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasons for the judgment of the court of first instance are as follows: "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B, December 23, 2015" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "B" for "P" for "P" for "P

In addition to the following cases, the part of the "decision" is identical to the reasons for the judgment of the court of first instance, and thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the court below's determination that "the fee to be refunded to the plaintiff by the defendant to the original state is US$ 16,200,00, and when the debtor pays out foreign currency claims designated in foreign currency to the plaintiff in Korean currency, the conversion period is not the due date but the actual performance date, i.e., when the debtor pays out foreign currency claims to the plaintiff in Korean currency. Therefore, in a case where the creditor claims the above foreign currency claims to be converted into Korean currency by exercising the right to substitute payment, the court shall within the limit of the amount to be claimed by the plaintiff, within the limit of the amount to be claimed by the plaintiff, the court shall order the performance of the amount to be converted into Korean currency based on the foreign exchange price at the time of the most close conclusion of the fact-finding court as of October 25, 2012 (see Supreme Court Decision 2009Da77754, Oct. 25, 2012; 20010 US dollars 106, 10604,106.16.

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