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(영문) 부산지방법원 2016.07.12 2016가단3689
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 51,727,99 and the interest rate of KRW 15% per annum from March 30, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including each number), the plaintiff may recognize the fact that he/she lent five million U.N. to the defendant around November 28, 2012.

The base period of exchange rate to be applied in converting foreign currency into Korean currency is the date of the conclusion of the fact-finding proceedings (see Supreme Court Decision 90Da2147, Mar. 21, 1991). Thus, the amount of the instant claim is KRW 55,207,00, which is the amount converted into 1,104.14 won/100N on June 21, 2016, which is the base rate for the sale and purchase of foreign currency in Japan, as of June 21, 2016, which is the date of the conclusion of the instant proceedings (i.e., five million won in Japan x 1,104.14 won/100N).

Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from March 30, 2016 to the day of complete payment, which is the day following the delivery date of a copy of the application for modification of the purport of the claim of this case, as requested by the plaintiff, to the plaintiff.

Thus, the plaintiff's claim of this case is justified and accepted.

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