The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

The grounds of appeal are examined.

1. Where the debtor pays for foreign currency claims which are monetary claims designated in a foreign currency, in the currency of the Republic of Korea, the time of conversion is not the time of fulfillment, but the reality, so the debtor shall repay it in the currency of the Republic of Korea converted according to the foreign exchange rate at the

Therefore, even in a case where a creditor claims the above foreign currency claim by exercising the right to substitute payment, and then converting it into Korean currency, the court shall order the performance thereof by taking into consideration the foreign exchange rate at the time of closing argument of the fact-finding court nearest when the debtor performs it into Korean currency.

(2) According to the reasoning of the lower judgment on March 12, 1991 (see, e.g., Supreme Court en banc Decision 90Da2147, Mar. 12, 1991). 2. The lower court calculated the amount to be returned based on the amount of KRW 8,017,229 (=5,797.79 x 1,382.82) converted by applying KRW 1,382,82,82, which was converted by the Plaintiff to the Plaintiff as of December 1, 2014, on the basis of the amount of KRW 8,017,229 (i.e., the amount of KRW 5,797.79 x 1,382,82, which was paid by the Defendant to the Defendant for the second purchase of the Plaintiff.

3. Examining the factual relations acknowledged by the lower court in light of the aforementioned legal principles, the Plaintiff claims 8,300 U.S. 8,300 U.S. paid for the second purchase cost of the Bain in Korean currency. Thus, it is clear that the Plaintiff constitutes foreign currency claims. Accordingly, the Defendant should return the remainder remaining after deducting the Defendant’s expenses from the Defendant’s expenses to the foreign exchange rate at the time of the closing of argument

Nevertheless, the lower court should return to the Plaintiff on the basis of the amount converted into the exchange rate on the above date, based on the Plaintiff’s due date set by the return date.