Text
1. The Defendants jointly and severally against the Plaintiff:
58,194,348 won and its 36,192,405 won, respectively.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. In a case where an obligor pays for a foreign currency claim, which is a monetary claim set in a foreign currency, into Korean currency, the time of conversion is not the time of performance, but the time of actual performance, namely, when the obligor performs the claim in Korean currency (see, e.g., Supreme Court Decisions 2010Da103642, Apr. 14, 2014; 90Da2147, Mar. 12, 1991). As such, the Plaintiff’s claim against the Defendant B ought to be converted into Korean currency on the basis of the nearest exchange rate at the time of closing argument.
As of March 14, 2017, which was the date of the closing of the instant argument, the US currency exchange rate of USD 1,150.50 per USD 1,150.50. As such, Defendant B is obligated to pay the amount set forth in Section 1. B of the Disposition within the limit of KRW 690,30,000 ($ 600,000 x 1,150.50) pursuant to the joint and several guarantee agreement concluded with the Plaintiff.
Therefore, the plaintiff's claim in excess is dismissed.