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(영문) 수원지방법원 2017.04.27 2016가단42998
대여금
Text

1. The Defendant’s KRW 27,122,750 as well as 5% per annum from January 14, 2017 to April 27, 2017 to the Plaintiff.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1 through 3, the fact that the plaintiff lent 2650,000 Japanese money to the defendant several times in 2013, and that the defendant prepared and delivered the loan certificate agreed to pay the plaintiff the above loan No. 2655,00,000 to the plaintiff until December 31, 2013.

The base period for the exchange rate to be applied in converting foreign currency into Korean currency is the date of the conclusion of fact-finding proceedings. Thus, when converting the amount of the instant claim into the rate of 1,023.50 won/100N, which is the base rate for the sale and purchase of Japanese currency as of April 6, 2016, the date of the conclusion of the instant argument, is 27,122,750 won (=2650,000 UN x 1,023.50 won/100N).

Therefore, the Defendant is obligated to pay to the Plaintiff 27,122,750 won and the amount calculated by each of 15% per annum under the Civil Act from January 14, 2017, which is the day following the delivery date of a duplicate of the complaint in this case, to April 27, 2017, which is deemed reasonable for the Defendant to dispute over the existence and scope of the obligation.

The plaintiff's claim against the defendant is justified within the scope of the above recognition, and the remaining claim is dismissed as there is no reasonable ground.

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