A. On July 29, 2016, the Defendant filed a lawsuit against the Plaintiff and the Non-Party Comprehensive Construction Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) for damages (hereinafter “Non-Party Co., Ltd.”). On July 29, 2016, the court of first instance sentenced the judgment of provisional execution (hereinafter “the judgment of the first instance”) that “The Plaintiff shall pay to the Defendant, the Plaintiff shall pay KRW 39,936,870, and its delay damages, and the Non-Party Co., Ltd shall jointly pay KRW 38,864,80, and its delay damages.”

B. As to this, the Defendant and the non-party company appealed (Seoul High Court 2016Na14170). In the above appellate trial, the Defendant withdrawn the Plaintiff’s claim for damages due to building works and sought only damages due to the Plaintiff’s injury and assault, and subsequently arranged the claim against the Plaintiff.

C. On June 21, 2017, the appellate court changed the judgment of the first instance on June 21, 2017, and changed the judgment to “the Plaintiff paid KRW 2,00,000 to the Defendant, the Plaintiff paid KRW 26,593,584 to the Defendant, and the non-party company paid KRW 26,593,584 to the non-party company and damages for delay

D) The judgment of the appellate court rendered a final appeal against the Plaintiff. The judgment of the appellate court rendered a final appeal against the Plaintiff became final and conclusive on July 7, 2017. Meanwhile, the Defendant filed an application for compulsory auction of real estate with the title of the judgment of the first instance court, and the said auction case was suspended according to the decision of the suspension of compulsory execution (227,670) with the Gwangju District Court. (f) The Plaintiff deposited KRW 2,602,00 with the amount of KRW 2,60,00, plus KRW 374,30,00 in total and KRW 374,330 according to the judgment of the appellate court. The Plaintiff deposited the amount of KRW 2,60,00 as the deposit with the Gwangju District Court No. 1-2, A-2, A-2, A-3, A-1, A-4, A-5, and the purport of the entire pleadings and arguments.

2. Judgment on the plaintiff's assertion

(a)Divisions of provisional execution;