청구이의
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
1. Purport of the claim.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly admitted and examined by the court of first instance is justifiable in its findings of fact and judgment.
Therefore, the reasoning of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.
[Plaintiff asserts that this fact should also be reflected in the conclusion of this case since the Defendant received the deposited money of KRW 44 million in the Jung-gu District Court No. 5548 of 2019 in order to suspend compulsory execution based on the original copy of the instant payment order. However, according to each of the evidence No. 19 (including the serial number) of the instant payment order, the Defendant is deemed to have received the deposited money of KRW 250,000,000, interest amount of KRW 89,726,627 as the claim amount based on No. 1341 of 2017, a notary public, who is a separate claim from the claim stated in the instant payment order, as the claim amount of KRW 250,000,000, interest amount of KRW 89,726,627, and thus, it is recognized that the Defendant received the deposited money of this case. In conclusion, the judgment of the first instance is justifiable, and the Plaintiff’s appeal is dismissed as it is without merit.