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(영문) 대전지방법원 2015.02.12 2014가합105220
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall start on February 10, 2004 for KRW 785,007,433 and for KRW 359,343,94 among them.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Sternity;

(a) Defendant A, B, Co., Ltd., Co., Ltd., Ltd., and Multimediate Industry: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Confession (Article 208 (3) 2 of the Civil Procedure Act)

3. Where a creditor claims foreign currency claims, which are monetary claims designated in foreign currency, in Korean currency by exercising the right to substitute payment, the creditor’s claim for foreign currency claims, which are monetary claims designated in foreign currency, should be based on the conversion of the foreign exchange market at the time of closing argument at the fact-finding court nearest when the debtor performs the claim in reality, into Korean currency (see, e.g., Supreme Court Decision 2007Da13640, Jul. 12, 2007). As of January 29, 2015, the date of closing argument at the present case, as of January 29, 2015, the transaction rate of US dollars 1,095.20,00 won per US dollars. Accordingly, if the amount is converted by Defendant B, Co., Ltd., Ltd., Ltd., and multilateral industry is converted into Korean currency, the portion sought by the plaintiff in excess of the above legal principle is rejected.

However, the costs of lawsuit shall be fully borne by the Defendants in accordance with Article 98, the proviso to Article 101, and Article 102 of the Civil Procedure Act.

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