1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As such, the decision of the first instance court is justifiable, and the defendant's appeal is dismissed.

[The effect of provisional execution is not final and conclusive, and it is nothing more than that of the cancellation condition with the declaration of provisional execution or cancellation of the judgment on the merits at the appellate court. Thus, even if the amount of provisional execution was paid in accordance with the judgment of the first instance court, the appellate court should decide the propriety of the pertinent claim without considering it (see Supreme Court Decision 93Da2617526182, Oct. 8, 1993). According to the records of this case, it appears that the Defendant paid the Plaintiff on March 23, 2017, which was part of the cited amount of the judgment of the first instance after the closing of argument of this case, with the payment of KRW 15 million to the Plaintiff on March 23, 2017. However, the payment of the above money should be deemed to have been exempted from compulsory execution based on the provisional execution of the judgment of the first instance court, since it is difficult to deem that the Defendant paid the amount ordered by the first instance court to pay at will and thus, it cannot be considered separately at the execution stage of this case.