1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The defendant filed a lawsuit against the plaintiff et al. for damages claim against the plaintiff et al. on August 27, 2015, the Seoul Central District Court 2014Gahap586264. On April 8, 2009, with respect to the plaintiff et al. for KRW 4,456,000,000 and for KRW 890,000 among them, from April 8, 2009, for KRW 2,000,000 from January 26, 2010, for KRW 591,000,000 from April 7, 2010, for KRW 50,000,000 from April 9, 200, KRW 475,000,000 from each year to May 27, 2015, the above court sentenced each of them to the provisional execution to 15% from May 27, 2010.

(2) On November 10, 2015, the Plaintiff deposited KRW 4,456,00,000, and damages for delay incurred until November 10, 2015, in total, KRW 5,902,503,286, and KRW 5,902,503,286, pursuant to the instant provisional execution sentence, pursuant to the instant provisional execution sentence, and the Defendant received the deposit on December 8, 2015.

On the other hand, the Plaintiff appealed to the Seoul High Court Decision 2015Na205234 regarding the instant provisional execution sentence, and the said appellate court on October 20, 2016, rendered a decision in lieu of conciliation that “the Plaintiff shall pay to the Defendant KRW 4,456,00,000 until November 30, 2016. If the Plaintiff fails to pay the said money by the payment date, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at 15% per annum from the date following the said payment date to the date of full payment (hereinafter “instant decision”), and the said decision became final and conclusive on November 12, 2016.

On December 5, 2016, the Defendant deducted the remainder of KRW 4,446,50,00,00 from “the amount cited in the instant compulsory adjustment decision” from “5,902,503,286,” which was received by the Plaintiff on December 5, 2016 by “the provisional execution sentence of this case” and the amount of KRW 1,46,50,000,000, which was calculated at the rate of 5% per annum from December 8, 2015 to December 5, 2016, which was the date on which the repayment deposit was received.