구상금
1. The appeal against the principal claim and counterclaim by the Defendant (Counterclaim Plaintiff) and the application for return of the provisional payment, and the principal claim by the Plaintiff (Counterclaim Defendant).
1. The defendant's grounds for appeal citing the judgment of the court of first instance and the plaintiff's grounds for incidental appeal are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.
Therefore, the reasoning of the judgment of this court is that of the first instance judgment except for “a supplementary or supplementary part” under the judgment of the court of first instance, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure
【Supplementary or written evidence of No. 22” of No. 9 No. 3 is added to “Evidence No. 24, 25, 40, 46, and No. 20 through 26.”
After the Defendant’s claim on the provisional payment under Paragraph 9 of Paragraph 9 of this Article, even if Ghana acted to include the Defendant’s claim on the provisional payment, it is insufficient to recognize that the facts acknowledged earlier and the evidence submitted by the Defendant have practically reverted to the Plaintiff the benefits equivalent to the provisional payment under this case. There is no other evidence to acknowledge otherwise (see Supreme Court Decision 2016Da24273, Dec. 29, 2016).
D. According to the Defendant’s C Bank Account (O) transactions (O) in 2015, KRW 1,372,800 deposited in the said bank account under H’s name on April 30, 2015 (No. 571) and May 11, 2015 (hereinafter “P”) deposited the same amount (1,372,80 won) in the future of P Co., Ltd. (hereinafter “P”).
(No. 630) Even according to the defendant's assertion, it is not clear that the cost of materials related to construction purchased from P and sold to H is indicated in the defendant's short-term lending account.
② In addition, from the above bank account on September 7, 2015, KRW 30,000 was deposited to the Plaintiff (No. 1361), KRW 840,000 was deposited to the Plaintiff on October 7, 2015 (No. 1447), and KRW 19,852,017 was deposited in the said bank account under the Plaintiff’s name on December 18, 2015.