1. The Defendant’s KRW 75,328,358 as well as 5% per annum from January 17, 2019 to February 9, 2020 to the Plaintiff.

The defendant filed a lawsuit against the plaintiff in the Changwon District Court for the payment of retirement allowances (hereinafter "the first instance court"). On January 9, 2019, the above court ordered that "the defendant (the plaintiff in this case) pay 5,033,729 won to the plaintiff (the plaintiff in this case) and interest rate of 20% per annum from March 15, 2017 to the day of full payment." The plaintiff paid 75,328,358 won to the defendant in accordance with the provisional execution sentence of the case in the first instance court on January 16, 2019. The plaintiff did not submit a lawsuit against the plaintiff in the first instance court (the original District Court Decision 2019Na51090), and the appellate court revoked the defendant's claim against the plaintiff in this case (the plaintiff in this case) or the provisional execution judgment in the second instance on December 19, 2019, and dismissed the judgment against the plaintiff in this case (the court below's dismissal of the plaintiff in this case's judgment of 2000).

In other words, even if a provisional execution had been executed by a declaration of provisional execution, if part or whole of the previous judgment becomes invalid, it shall be confirmed that it cannot be executed by the previous judgment of provisional execution declaration.

In addition, if the judgment on the merits is changed later in the appellate court, the provisional execution creditor is liable to return the goods received by the declaration of provisional execution, and to compensate for the damages incurred by the provisional execution or for the exemption thereof.

However, this restoration and the obligation of compensation for damages are executed from the original point of view.