물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the court’s explanation concerning this case are as follows: (a) deleted “the Plaintiff” under Section 6 of the first instance court’s decision No. 4; and (b) the Defendant’s assertion in the first instance court’s decision is identical to the reasons for the first instance court’s decision, except for adding the following judgments with regard to the matters claimed in the first instance court; and (c)
2. The Defendant asserts that, on April 26, 2016, the Plaintiff received KRW 46,168,202 as a provisional execution pursuant to the judgment of the first instance court in the distribution procedure of H of the Seoul Eastern District Court H on April 26, 2016, as a provisional execution pursuant to the judgment of the first instance court, the Defendant’s claim against the Defendant for the payment of goods against the Defendant by waiver of the claim
The effect of performance due to the establishment of a provisional execution is not conclusive, but is only derived from the cancellation condition that the declaration of provisional execution or the cancellation of the judgment on the merits in the appellate court. Therefore, according to the judgment of the first instance court, the defendant paid the amount of the provisional execution.
Even if the appellate court does not take this into account, the appellate court should determine the legitimacy of the claim.
(see, e.g., Supreme Court Decisions 93Da26175, 26182, Oct. 8, 1993; 2008Da95953, Mar. 26, 2009). Therefore, the Defendant’s above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.