1. The Defendant’s KRW 31,017,277 as well as 5% per annum from October 8, 2013 to November 20, 2015 to the Plaintiff.

1. Facts of recognition;

A. The judgment of the provisional execution sentence stating that “the Plaintiff shall pay to the Defendant 29,059,300 won and the amount calculated by applying 5% per annum from April 19, 2013 to June 7, 2013, and 20% per annum from the next day to the date of full payment” (Seoul District Court Decision 2013Da32692, hereinafter “the judgment of the first instance”) was pronounced on August 22, 2013.

B. On October 8, 2013, the Defendant seized the Plaintiff’s account based on the instant judgment of the first instance court, and collected KRW 31,017,277 in the aggregate of the principal and interest accrued up to the time pursuant to the instant judgment.

C. On the judgment of the first instance court of this case, the Plaintiff appealed (Seoul District Court 2013Na9389), and the said court revoked the part against the Plaintiff among the judgment of the first instance court of this case on August 29, 2014 and rendered a judgment dismissing the Defendant’s claim corresponding to that part.

[Grounds for Recognition] Unsatisfy, entry of Gap 1 to 3, 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 principal action or provisional execution will be cancelled or altered;

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 of restitution and compensation for damages come from the concept of fairness to restore to the same original state as in the absence of provisional execution from the original point of view, barring special circumstances, the provisional execution creditor is the money paid, unless there are special circumstances.