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1. The defendant's appeal and the request for return of provisional payment are all dismissed.
2. Costs of appeal and provisional payments.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following determination as to the defendant's application for return of provisional payment to the court of first instance under section 7, Section 10 of the judgment of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main
4. Determination as to the application for the return of provisional payments
A. On October 27, 2014, the Defendant received KRW 800,025,300 from the Chuncheon District Court’s Young-gu Branch distribution procedure for H claim under the judgment of the first instance court of the instant provisional execution sentence. The Defendant accepted the Defendant’s appeal and asserts that the Plaintiff is liable to refund the above money and damages for delay to the Defendant where the first instance judgment is revoked or modified.
B. On October 27, 2014, according to the overall purport of the oral argument, it can be acknowledged that the Youngcheon District Court’s monthly branch distributed KRW 800,025,30 to the Plaintiff on October 27, 2014 in the H claim distribution procedure. The Plaintiff is obligated to return the provisional payment to the Defendant only when there are parts exceeding the above cited amount. The sum of the above KRW 800,000,000 as of October 27, 2014 and the delay damages therefor is 863,671,232 won [=800,000,0000 x 800,000 x 05 x 365 x 05 x 000,000 x 05 x 0000 x 069/365). Thus, there is no clear reason for calculating the above amount as the Defendant’s convenience application for return.
A person shall be appointed.
2. The conclusion is that the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal and the application for return of provisional payment based on the cancellation and change of the judgment of the court of first instance are dismissed in its entirety as it is without merit. It is so decided as per Disposition.