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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 139,788,733 as well as the interest rate from June 19, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. From around 2007, the Plaintiff supplied Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with fruit, etc. to the imported alcoholic beverage sales chain.
B. On January 12, 2015, Defendant B, the representative director of the Defendant Company, promised to pay the Plaintiff the total amount of the Defendant Company’s obligation, such as the unpaid interest payment, etc. to the Plaintiff, which is USD 129,590, and the Defendant C guaranteed the said obligation with the Defendant Company.
C. The exchange rate of USD 1,078.70 per USD 1,078 as of April 22, 2015 is KRW 1,133 per USD 1,000 as of October 16, 2015, which is the date of the closing of the instant argument.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 4 (including paper numbers), public notice facts, and purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the defendants should jointly and severally pay US$ 129,590 to the plaintiff and delay damages.
B. In a case where an obligor pays foreign currency claims, which are monetary claims that are monetary claims in foreign currency, in Korean currency, the time of conversion is not the time of performance, but the time of actual performance, namely, when converted into Korean currency according to the foreign exchange rate at the time of actual performance. Therefore, in this lawsuit, the exchange rate ($ 1,133 per$1) as of April 22, 2015 sought by the Plaintiff is less than the exchange rate as of April 22, 2015 ($ 1,078.70 per USD 1,078).
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 139,78,733 won (129,590 x 1,078.70 won) and the amount calculated by the rate of 15% per annum from June 19, 2015 to the date of full payment, which is the day following the last delivery of the complaint against the Defendants.
3. The plaintiff's claim for conclusion is accepted in entirety.