구상금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
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 fact-finding and decision of the court of first instance are justified even if the evidence submitted to the court of first instance is added to the evidence
The reasoning of this court's judgment is as stated in the reasoning of the judgment of the first instance except for the following 2. Madern part, and such reasoning is accepted by the main sentence of Article 420 of the Civil Procedure Act.
2. Parts in height:
A. The third party judgment of the court of first instance asserts that "the plaintiff withdrawn and used KRW 20,00,000 from among the lease deposit received from E," but this is paid KRW 20,000,000 in total, including the purchase price, defect repair cost, and lease deposit returned to the former lessee on behalf of the defendant in the process of the purchase and management of the above C building, and thereafter, the plaintiff returned KRW 20,000,000 out of the lease deposit for E on behalf of the defendant, so the defendant is liable to pay the above KRW 20,00,000 to the plaintiff.
Then, “i.e., the Plaintiff returned KRW 20,000,000 out of the lease deposit to E” may be deemed to have returned KRW 20,00,000, out of the lease deposit withdrawn and used by the Plaintiff.
D. On the fifth day of the judgment of the first instance, “A” is added with the overall purport of the entry and pleading of evidence Nos. 16 and 17, and there is no other evidence to acknowledge it. Rather, in full view of the purport of the entry and pleading of evidence No. 22, the inherited property division trial between the Plaintiff and M et al.’s inheritors including the Defendant.