손실보상금증액청구 등
1. The Plaintiff’s return of provisional payment to the Defendant KRW 1,550,996,167 and its related amount from April 25, 2017 to September 6, 2017.
In full view of the purport of the argument in Eul evidence No. 4, the plaintiff can recognize that he received KRW 1,50,96,167 from the defendant on April 25, 2017 according to the judgment of the court of first instance, which declared provisional execution. Since the judgment of the court of first instance became void due to the cancellation of the judgment of first instance, the plaintiff's assertion that it is reasonable for the plaintiff to dispute as to the existence and scope of the obligation of provisional payment from April 25, 2017 to September 6, 2017, which is the date of the imposition of the above money, as well as from April 25, 2017 until September 15, 2017, 5% per annum under the Civil Act (15% per annum from the date of delivery of a duplicate of the provisional payment to the date of the first instance court's declaration of provisional execution. However, if the plaintiff's assertion was accepted from the court of first instance to the date of first instance, it is reasonable to accept the plaintiff's assertion that 280% of this case's claim.
Therefore, the defendant's application for the return of provisional payment is justified within the scope of the above recognition, and the remaining application is dismissed as it is without merit. It is so decided as per Disposition.