외화채권자의 급부대용청구권과 외화판결의 강제집행

In connection with the debtor’s right to price in the Article 378 of Korean Civil Code,it matters with a claim to the creditor’s claim for price of foreign currency credit, and it matters with the way how to execute the judgement of foreign currency credit. First, concerning the claim for the creditor’s claim for price of foreign currency credit some authors recognize this creditor’s claim, and a judgement of Supreme Court, on the premise of the existence creditor’s claim, judged the time to exchange the foreign currency credit into korean currency. But there is no actual legal basis to the creditor’s claim for price of foreign currency credit. And its necessity does not exist because foreign currency credit has its effectivity, and this currency judgement can be executed. And the judgement for price of foreign currency credit is not necessary. In the second place, in effect the foreign currency credit is a type of genre credit which needs concentration for its performance. According to the article 375 of Korean Civil Code the genre credit can be concentrated by the action of the debtor who does whatever is necessary for the performance of that debt, or by the action of the debtor designating the objective under the consent of the creditor. So this type of the obligation is infungibles one which can be executed by indirekter Zwang.