손해배상(기)
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The reasons for the court's explanation concerning this case are as follows: the corresponding part of the judgment of the court of first instance is dismissed as stated in Paragraph 2; and the defendant's defense added in the trial of the court of first instance is as stated in the reasons for the judgment of the court of first instance, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for adding the following judgment to Paragraph
2. Part III written by the court of first instance is “96,00,000 won” of the third part of the judgment of the court of first instance, which is “94,00,000 won.”
3. The defendant's defense added in the trial at the trial at the trial, as to the plaintiff's claim for damages for the 13 million won among the plaintiff's claim of this case and the claim for damages for delay thereof, the defendant bears all of the expenses of authentication and the expenses of establishing a security, and the defendant bears all of the above expenses and claims for indemnity against the plaintiff as to the whole or half of the above expenses, so it is offset against the plaintiff's damage claim by the automatic claim. Thus, the plaintiff's damage claim of this case is a damage claim arising from the defendant's deception by deceiving the plaintiff, and it is prohibited from offset against the claim for tort caused by intention (Article 496 of the Civil Act). Thus, the defendant's defense is without merit without further review.
4. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.