구상금
1. The Plaintiff’s return of provisional payment to the Defendant KRW 2,943,337,199 and the Plaintiff’s return of the provisional payment from January 10, 2014 to December 31, 2015.
According to the evidence No. 19, the defendant paid KRW 2,943,337,199 to the plaintiff on January 10, 2014 based on the judgment of the first instance court of this case by the provisional execution declaration book of this case.
However, as the trial dismissed the Plaintiff’s claim on December 31, 2015, the Plaintiff is obligated to refund to the Defendant damages for delay at the rate of 2,943,37,199 won of provisional payment due to the above provisional execution order and 20% per annum under the Civil Act from January 10, 2014, which is the date of the receipt of the above provisional payment, to December 31, 2015, where it is deemed reasonable for the Plaintiff to dispute on the existence or scope of the obligation to perform, and 5% per annum under the Civil Act until December 31, 2015, and from the next day to the date of full payment.
Therefore, the defendant's application for the return of the provisional payment of this case shall be accepted on the ground of its reasoning, and since the above judgment omitted the decision on the application for the return of the provisional payment in the above judgment, the additional decision as ordered in accordance with Article 212 of the Civil Procedure Act