대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In the first instance court, the Plaintiff claimed against the Defendant: (a) loan 21 million won and damages for delay; and (b) expenses incurred in replacing construction business operators for substantial repair of the instant building and damages for delay; and (c) the first instance court accepted part of the above loan claim; and (b) dismissed the claim for replacement expenses.
Since only the defendant appealed against this, the subject of the judgment of this court is limited to the loan of 7 million won and damages for delay cited by the first instance court among the claims that the defendant is dissatisfied with.
2. The fact-finding and judgment of the first instance court, citing the evidence duly examined by the court of first instance, shall be deemed legitimate, considering the evidence submitted by the defendant in this court as the evidence presented by the court of first instance.
Therefore, the reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except that the evidence submitted by the defendant alone is insufficient to acknowledge the fact that the defendant intended to make a appropriation, and there is no other evidence to acknowledge it, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. The judgment of the court of first instance is just, and the defendant's appeal is dismissed.