1. The judgment on the Defendant’s transfer deposit return case (No. 2016Na14642, Jul. 28, 2017) against the Plaintiff is rendered by the Suwon District Court.

1. Facts of recognition;

A. On March 19, 2015, the Plaintiff filed a lawsuit against the Defendant for the return of the transfer amount (U.S. District Court 2015da5212). On June 18, 2015, the lower court rendered a judgment with the purport that “the Defendant shall pay to the Plaintiff 2,00,000 won and interest calculated at the rate of 20% per annum from May 29, 2015 to the date of full payment.”

B. On August 12, 2016, the Defendant deposited KRW 2,910,910 with the Plaintiff as the principal deposit, and the Plaintiff paid the said deposit with the title of execution with the judgment of the first instance court.

C. However, on July 28, 2017, the appellate court rendered a judgment on July 28, 2017 that “the Plaintiff shall cancel part of the judgment of the court of first instance, and shall pay to the Defendant the amount of KRW 789,815 with interest calculated at the rate of 15% per annum from July 29, 2017 to the date of full payment,” and that “the judgment of the court of first instance (2016Na14642, hereinafter referred to as “the judgment of the case”).”

(D) The foregoing judgment became final and conclusive on August 4, 2017. D. The Plaintiff deposited KRW 793,060 with the Defendant as the principal deposit on August 8, 2017 (Seoul Western District Court No. 3411, 2017) (Seoul Western District Court Decision 2017).

2. Determination

A. On August 8, 2017, the Plaintiff asserts that compulsory execution based on the instant judgment should be denied, as the Defendant’s claim against the Plaintiff was fully repaid and extinguished upon the repayment deposit.

B. However, when calculating damages for delay incurred until August 8, 2017, which was the date of the deposit for repayment of the principal amount of the instant judgment amounting to KRW 789,815, the damages for delay incurred until August 8, 2017 shall be KRW 3,570. Accordingly, if the payment of KRW 793,060, which was the deposit for repayment, is appropriated in the order of payment for delay and the principal in accordance with the order of payment appropriation under the Civil Act, the principal amount of the instant judgment would eventually remain (i.e., the sum of the principal and interest of the instant judgment amount 793,385, 793,06