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(영문) 수원지방법원성남지원 2015.05.08 2014가단40236
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 51,093,062 and the interest rate of KRW 20% per annum from April 17, 2015 to the day of complete payment.

Reasons

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

[Plaintiff’s assertion that USD 47,269 should be paid to the Defendant in Korean currency at the time of the conclusion of the fact-finding hearing, which is the time of the payment thereof. However, in cases where an obligee claims foreign currency claims which are monetary claims designated in foreign currency into Korean currency by exercising the right to substitute payment, the court orders the obligor to perform such claim, when it orders the obligor to do so, shall set the base date for converting the foreign exchange market at the time of the conclusion of the fact-finding hearing, which is most close to the time of the obligor’s performance into Korean currency (see, e.g., Supreme Court Decision 2007Da13640, Jul. 12, 2007). Thus, as stated in Disposition 1, as of April 17, 2015, Article 51,093,062 won ($ 47,2690,90,000 won per USD 1,080 at the time of the date of the conclusion of the argument in this case, by public notice).

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