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(영문) 부산지방법원 2017.11.15 2017가합1533
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 541,603,302 and the interest rate of KRW 15% per annum from July 25, 2017 to the day of full payment.

Reasons

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

(2) Articles 257(1) and 208(3)1 of the Civil Procedure Act apply mutatis mutandis;

3. The plaintiff's claim for the price of goods against the defendant is 54,902,057 Convention in Japan, and the plaintiff claims for its conversion into Korean currency. If the creditor claims foreign currency claims designated in foreign currency conversion into Korean currency by exercising the right for substitute payment, the court ordering the debtor to perform such claim, if the debtor orders the debtor to pay the foreign currency claims, the foreign exchange rate as at the time of the close argument of the fact-finding court, which is close to the time when the debtor performs the claim is actually converted into Korean currency (Supreme Court Decision 2007Da13640 Decided July 12, 2007), and in this case where a decision is rendered without oral argument, the defendant's first sale standard rate of Japan's first sale and purchase on November 14, 2017, which is the date immediately close to the day when the defendant executes the claim, is significant to this court. Thus, the defendant is obligated to pay the plaintiff 541,603,302 won,504,2907.205 won to the plaintiff's 207.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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