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The plaintiffs' appeal is dismissed.
The costs of appeal are assessed against the plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasons why a party member of the court of first instance shall explain this case are as follows, except for the addition of the following judgments as to the matters alleged in the court of first instance by the defendant, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In the trial of the party, the Plaintiffs claimed KRW 460 million by taking advantage of the circumstances at which the Defendant was able to receive the deposit which the Defendant would have to cancel the Defendant’s right to collateral security, and the Plaintiffs once delegated the receipt of deposit KRW 460 million to the Defendant and agreed to settle it later with the Plaintiff. The Plaintiffs asserted that the Defendant should not deduct the factory repair cost of KRW 35 million from the deposit received by the Defendant, provisional attachment execution, and attorney’s fees.
There is no evidence to acknowledge that there is a settlement agreement claimed by the plaintiffs.
Rather, according to the statement in Eul evidence No. 7, although the defendant asked the plaintiff A to have the deposit amount of KRW 480 million and later requested the plaintiff to correct the last time, the plaintiff rejected it (section 11), the plaintiff proposed the defendant to pay KRW 450 million (section 17) while considering the circumstances of the plaintiff A (section 17), it is confirmed that the plaintiff paid KRW 460 million to the defendant in lieu of the waiver of accurate settlement and attempted to complete all settlement as soon as possible. In addition, as stated in the judgment of the court of first instance on August 19, 2019, the defendant revoked a criminal complaint against the plaintiffs (Evidence 8), and if a criminal complaint is revoked, it appears that the plaintiffs delegated the plaintiffs' intention to receive the deposit amount of KRW 460 million to the defendant on August 8, 2018 with the intention of KRW 600 million (Article 400 million).