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1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 263,461,290 and the period from April 28, 2016 to June 10, 2016.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice;
(a) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;
B. In a case where an obligor pays for a foreign currency claim that is a monetary claim that has been partially dismissed, the time of conversion is not the time of performance, but the time of actual performance, i.e., payment in Korean currency converted according to the foreign exchange rate at the time of actual performance (see, e.g., Supreme Court Decisions 2010Da103642, Apr. 14, 2014; 90Da2147, Mar. 12, 1991). The Plaintiff’s claim against the Defendant ought to be converted into Korean currency at the exchange rate as at the time of most recent argument at the time of actual performance.
As of May 11, 2016, which was the date of the closing of the instant complaint, the US currency exchange rate of USD 1,170 per US$1,00. As such, the Defendants are jointly and severally obligated to pay to the Plaintiff 263,461,290 won (i.e., USD 225,180.59 USD 1,170 x 1,170 won, and servers below the original unit) and as sought by the Plaintiff, the agreement rate is 5% per annum from April 28, 2016 to June 10, 2016, which is the day following the delivery of the copy of the instant complaint from April 28, 2016 to June 10, 2016, and 15% per annum from the next day to the day of full payment, and the Plaintiff’s claim in excess is dismissed.