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1. The defendant shall pay 140,242,00 won to the plaintiff and 20% per annum from February 28, 2017 to the day of complete payment.
Reasons
1. The Plaintiff, in fact, lent money to the Defendant several times from September 2012 to April 2014, resulting in the Plaintiff’s total amount of USD 162,00,000 and USD 20,000.
The Plaintiff received reimbursement of KRW 46,000,000 from the Defendant
(F) The remaining amount is KRW 16,00,000 and USD 20,000). The Plaintiff urged the Defendant to pay the above loan. On August 4, 2016, the Defendant prepared a debt certificate with the following contents and ordered the Plaintiff to pay the loan.
[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument
2. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the loan loan of KRW 116,00,000 and USD 20,000 and interest for delay pursuant to the above debt certificate, unless there are special circumstances. However, in case where the plaintiff claims for foreign currency claims which are monetary claims converted into Korean currency into foreign currency conversion into Korean currency by the creditor's exercise of the right to substitute payment, the court orders the debtor to perform such claim, which is the most close to the time when the debtor performs in reality, shall set the base time for foreign currency exchange at the time of the closing of argument at the fact-finding court which is close to the time when the debtor performs in Korean currency
(See Supreme Court Decision 2006Da72765 Decided April 12, 2007). Thus, the Defendant’s loan 140,242,000 won (=116,00,000 won = 24,242,000 won = 20,000 won x 1,210 won x 1,210 won was converted into Korean won on the basis of the exchange rate (1,212 won/1%) as of August 23, 2019, at the time of the instant lawsuit, the Plaintiff converted the claim amount into Korean won on the basis of the exchange rate (1,212 won/1%) as of April 10, 202, which is the date of the closing of the instant argument, and thus, the said exchange rate as of April 10, 202, which is the date of the instant
/ US dollars and its related interest shall be liable to pay the agreed interest at the rate of 20% per annum from February 28, 2017 to the day of full payment, which is the day following the due date of the contract.
3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.