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(영문) 서울고등법원 2014.10.24 2014나5984
차임지급청구
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. 1) On August 10, 2002, the Plaintiff: (a) on August 10, 2002, the building located D (hereinafter “instant building”) in Yanyang-gu, Yanyang-si (hereinafter “instant building”) from the Defendant and E.

at the time of lease, the lease period shall be ten years from the date of the contract (by August 10, 2012) and the rent shall be 1.5 million Chinese currency (by each year).

8. 10. Payment) and damages for delay on rent shall be 3% per month, and rent was agreed upon by the Defendant and E to jointly assume responsibility (hereinafter “instant lease agreement”).

(2) On October 201, 201, the Plaintiff was handed over the instant building.

[Reasons for Recognition] Evidence No. 1, Evidence No. 6-1 and 2, Witness F's testimony, the purport of the whole pleadings

B. According to the facts found above, the defendant, one of the joint lessees, is obligated to pay to the plaintiff the sum of the rent of 4,791,780,000,000,000,000 from August 11, 2011 to October 20, 201 (i.e., 1., 500,000,0000,0000) from the time when the plaintiff was paid rent to the time when the building of this case was delivered to the plaintiff, barring any special circumstances. (ii) The rent of 291,780,000,000,000,000 won from the time when the plaintiff was paid rent to the time when the building of this case was delivered to the plaintiff (i.e., 1., 500,000 x 71/3

Meanwhile, when an obligor pays for foreign currency claims which are monetary claims designated in foreign currency, if the obligor orders the obligor to perform them in Korean currency, the court shall set the standard time of foreign exchange conversion into Korean currency at the time of closing argument of fact-finding proceedings as close as possible when the obligor performs them in reality.

(See Supreme Court Decision 90Da2147 Decided March 12, 1991, etc.). As of August 22, 2014, when the exchange rate (based on the sale and purchase rate) as of August 22, 2014, which was the date of closing the argument in the trial, was 166.36 won per the first bill, the Defendant is an official announcement. As such, the Defendant’s unpaid rent 797,160,520 won (i.e., 4,791,780 won x 166.36 won x 166.36 won x a small number of stores x 249,540,00 won (=1.5 million won x 16.36 won) as of August 1, 2008, which was the date of the payment.

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