A. On January 7, 2010, the Defendant paid KRW 210,000,00 to the Plaintiff as the investment money in relation to the development project of the electric housing complex. For the purpose of securing the Plaintiff’s right to claim the return of the said investment deposit, the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant collateral mortgage”) with respect to the amount of KRW 260,000,000 with the maximum debt amount as the Incheon District Court No. 597, which was received on January 7, 2010, with respect to the volume of KRW 618 square meters and E-72 square meters, which was owned by the Plaintiff’s wife C.

B. On November 8, 2013, the Defendant filed a lawsuit against the Plaintiff seeking the return of the said investment amount under the Incheon District Court Branch Branch Decision 2013Gahap3247, and the said court rendered a judgment against the Defendant on May 1, 2012 to November 8, 2013, that “the Plaintiff shall pay to the Defendant 210,000,000 won and the amount calculated by the rate of 9% per annum from May 1, 2012 to November 8, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive.

C. On November 24, 2014, the Defendant received dividends of KRW 130,00,000 as the mortgagee of the instant case, and KRW 56,755,936 as the creditor of the instant judgment, respectively (hereinafter “instant dividends”).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above facts, pursuant to Article 479(1) of the Civil Act, the instant dividends are successively appropriated to the interest or delay damages up to November 24, 2014 pursuant to Article 479(1) of the Civil Act: (i) (210,00,000 x 9% x 57 days/365) (210,00,000 x 20% x 381 days/365) and (ii) 114,072,924 out of the principal of the instant judgment claims (i.e., 130,000,56,75,936 - 72,683,012). It is clear that the amount of the instant judgment claims are extinguished within the scope of the amount, and damages for delay is calculated at the rate of 95,279,076,000 and 2014.

The Plaintiff is the Plaintiff.