1. The Plaintiff’s return of provisional payment to the Defendant KRW 13,091,253 and its related amount from February 7, 2019 to October 16, 2019.

1. The obligation to return the provisional payment;

A. The effect of enforcement based on the judgment of the relevant legal doctrine and provisional execution sentence is not final and conclusive, and it is a condition subsequent to the appellate court that the judgment on the merits or the provisional execution sentence will be cancelled or changed.

In other words, even if the execution was made by the declaration of provisional execution, if the part or whole of the previous judgment becomes invalid, it shall become definite that it cannot be executed by the previous judgment of the declaration of provisional execution.

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, the obligation to reinstate and compensate for damages come from the concept of fairness to restore to the same original state as the one in which no provisional execution had been executed, barring special circumstances, a provisional execution creditor shall pay damages for delay at the statutory rate from the date of payment of the money paid and the money paid, unless there are special circumstances to the contrary.

(See Supreme Court Decision 2011Da104130 Decided April 13, 2012). B.

Judgment

According to the specification of transactions attached to the application for return of provisional payments submitted by the Defendant, the Defendant is recognized to have paid KRW 23,327,581 to the Plaintiff on February 7, 2019, based on the judgment of the first instance court of the provisional execution declaration book of this case.

However, on October 16, 2019, the part against the defendant ordering payment of KRW 9,900,000 among the judgment of the first instance on June 5, 2018 and KRW 5% per annum from June 5, 2018 to October 16, 2019, and the part against the defendant ordering payment of KRW 15% per annum from the next day to the date of full payment, and dismissed the plaintiff's claim corresponding to the revoked part (hereinafter "the judgment of this case"), and the part exceeding the above recognized scope among the declaration of provisional execution of the judgment of the first instance.