약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The portion added or changed shall be corrected to each of the plaintiffs "the defendant" in the 7th and 8th written statement in the third and third written statement in the judgment of the first instance.
The following shall be added at the fifth 16-round end of the judgment of the first instance.
In the case of this case, the defendant asserted that the plaintiff sought the return of the original amount of investment money of KRW 80,000,000 between the plaintiff and the defendant in this case, and that the above KRW 80,000,000 has the nature of the lease deposit under the lease of this case, although the court of first instance did not have any argument that the original amount of investment money of this case has the nature of the lease deposit of this case, it violated the disposition right and the principle of pleading.
In full view of the overall purport of the statements and arguments in the evidence Nos. 1 and 4, the plaintiff actually disbursed the above KRW 80,000,000 as a security deposit, so that the defendant can substantially reduce the amount to be actually paid in purchasing the child care center of this case by operating the child care center of this case on his own, and as the price for maintaining the value of the child care center is guaranteed each month from the defendant, and the above KRW 80,000,000 has been allocated as a security deposit for lease of this case at the same time.
Although the Plaintiff stated the nature of KRW 80,000,00 as “investment principal” in the instant complaint, the purport of the claim, and the written application for modification of the cause of the claim, the Plaintiff’s overall purport is examined.