1. As to the return of provisional payments, the Plaintiff’s KRW 7,733,562 and its related thereto to the Defendant from December 16, 2014 to April 8, 2016.

1. According to the receipt attached to the application for the return of provisional payment that the Defendant submitted by the Defendant to return the provisional payment, the Defendant is found to have paid KRW 7,733,562 to the Plaintiff on December 15, 2014 based on the judgment of the first instance court of the instant provisional execution declaration book. Since the Plaintiff’s claim is dismissed in accordance with the judgment of the first instance court after remanding, the provisional execution declaration of the instant judgment became null and void, and the provisional payment to be returned to the Defendant is KRW 7,73,562 received by the Plaintiff and damages for delay.

Therefore, the Plaintiff is obligated to pay damages for delay calculated by the ratio of 5% per annum under the Civil Act from December 16, 2014 to April 8, 2016, which is the date of the original judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the date of full payment, as well as the date of receipt of provisional payments to the Defendant.

2. In conclusion, the defendant's motion for the return of the provisional payment of this case must be accepted on the grounds of its reasoning, and since the judgment of the above court omitted on the motion for the return of the provisional payment, an additional decision shall be rendered in accordance with Article 212 of the Civil Procedure Act.