1. The Defendant’s KRW 72,909,828 as well as the Plaintiff’s annual rate from February 24, 2018 to May 19, 2018, and the following.

1. Facts of recognition;

A. On February 8, 2017, the Defendant filed a lawsuit against the Plaintiff, etc. for the agreed amount claim of Busan District Court 2015Gahap40305, and the above court rendered a judgment with the declaration of provisional execution stating that “Defendant A (the Plaintiff of this case) shall pay damages for delay to KRW 550,230,036 and KRW 140,230,036 jointly and severally with the Plaintiff, etc., and KRW 550,230,036.”

B. Based on the above judgment of the above provisional execution sentence, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claim, and collected KRW 72,909,828 on February 23, 2018 based on the collection order.

C. On March 29, 2018, the appellate court rendered a judgment that “the part against Defendant A (the Plaintiff of this case among the judgment of the first instance has been revoked and the claim against the Plaintiff (the Defendant of this case) has been dismissed” against the above judgment of the first instance.

Therefore, the defendant's appeal was dismissed on July 25, 2018, and the above appellate judgment became final and conclusive as it is.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, and 6, and the purport of the whole pleadings

2. Determination

(a)the effect of enforcement based on the judgment of the sentence of provisional execution is not final and conclusive, and it is a condition subsequent to the Appellate Court that the sentence of the merits or provisional execution 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, this obligation of restitution and compensation comes from the concept of fairness in order to restore the original state such as the one in which no execution has been made.