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1. The Defendant’s KRW 21,579,220 as well as the Plaintiff’s annual rate of KRW 6% from July 2, 2016 to June 28, 2017.
Reasons
The Plaintiff and the Defendant are merchants. Comprehensively taking account of the following facts: (a) the Plaintiff supplied the Defendant with the goods of USD 22,560 on June 26, 2013; (b) USD 37,192 on July 24, 2013; (c) USD 26,078 on October 2, 2013; (d) USD 26,984 on November 9, 2013; (e) USD 23,222 on June 23, 2014; (e) USD 6,580 on May 23, 2015; or (e) USD 142,616 on a total of KRW 3-1,616 on cremation; or (e) there is no dispute between the parties; or (e) the purport of the entire pleadings in each of the items as indicated in subparagraph 3-6.
The Plaintiff asserted that on May 23, 2015, the Plaintiff supplied the Defendant with the furniture of USD 6,580 above that of USD 25,992, but there is no evidence to acknowledge this.
Although the defendant asserts that he paid USD 145,276 in total to the plaintiff, including USD 17,800, which was paid in advance by the household that was supplied with the plaintiff at around 2010, there is no evidence to acknowledge it.
However, the plaintiff is a person who was paid USD 123,323 with the price for the goods of a household from the defendant.
In a case where a creditor claims a foreign currency claim, which is a monetary claim designated in a foreign currency, into Korean currency by exercising the creditor's right to substitute payment, the court ordering the debtor to perform the claim shall set the base time for converting foreign exchange price at the time of closing argument of the fact-finding court which is most close to the debtor when the debtor performs in reality into Korean currency.
(See Supreme Court Decision 2009Da77754 Decided October 25, 2012). Since the exchange rate of USD 1,118.50 as of May 31, 2017, which was the date of the closing of argument in the instant case, is significant to this court, the Defendant is ultimately liable to the Plaintiff for 21,579,220 won [i.e., USD 142,616 - USD 123,323] x 1,118.50 won (i.e., USD 142,616 - USD 123,323) x below KRW 1,118.50) x the following day after the delivery of the original copy of the instant payment order, which the Plaintiff seeks, from July 28, 2016 to June 28, 2017.