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(영문) 서울북부지방법원 2018.10.18 2018가합1098
대여금
Text

1. The Defendant’s KRW 275,798,128 as well as 6% per annum from January 1, 2015 to September 3, 2018 to the Plaintiff.

Reasons

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

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. The Plaintiff’s claim against the Defendant is USD 245,372 in the United States of America, and the Plaintiff claims the amount of foreign currency claims designated in foreign currency into Korean currency. If the obligee claims the amount of monetary claims converted into Korean currency by exercising the right to substitute payment, the court shall, if the obligor orders the obligor to perform the claim, set the base date for converting foreign currency at the time of closing argument in the fact-finding court as of July 12, 2007, into Korean currency (Supreme Court Decision 2007Da13640 Decided July 12, 2007). In this case where a decision of non-litigation is rendered, the base date for sale and purchase of the United States of America on October 17, 2018, which is the date immediately preceding the date when the Defendant performs the claim to the Defendant, and thus, the Defendant is obliged to pay the Plaintiff 1,124 won per annum 1,279,798 won per annum 245,23725% per annum 125% per annum and 15% per annum.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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