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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: the court shall dismiss "10 million won" in Section 21 of Section 11 of the judgment of the court of first instance as "10 million won"; under Section 13 of Part 13 of the judgment of the court of first instance, the defendant's new argument at the appellate court is as stated in the reasoning of the judgment of the court of first instance, except for addition of the following determination as to the new argument at the appellate court under Section 13 of the judgment of the court of first instance; therefore, it shall be cited as it is in accordance with the main sentence of Article
2. As to the addition, from April 9, 2012 to April 26, 2012, the Defendant: (a) donated KRW 28,145,00, and KRW 530,00 for landscaping trees to the construction site of the instant construction site; (b) from April 17, 2013 to April 22, 2013, after receiving an order to restore the river from Chuncheon City to its original state; (c) the Defendant returned some of the claims against the Defendant for landscaping trees to Gyeonggi-gun, which were transported to the construction site of the instant construction site; and (d) thus, the Plaintiff’s total expenses for planting trees were offset against the Plaintiff’s total expenses for planting trees from KRW 8,535,00; and (d) from June 5, 2013 to June 12, 2013 to KRW 9,506,400; and (e) the Plaintiff’s defense against the Plaintiff’s total expenses for planting trees to the construction site of the instant construction site.
It is not sufficient to recognize that the defendant additionally disbursed KRW 46,240,000 in total due to expenses incurred in planting and transporting trees for landscaping only with each of the descriptions in Eul evidence Nos. 1 through 26, and there is no other evidence to prove otherwise.
Rather, comprehensively taking account of the overall purport of the statements in Gap evidence Nos. 9 and 12, the defendant planted pine trees for landscaping at the construction site of this case on or around April 2012, but completed the river restoration work, such as transplanting pine trees to another place until May 2012 upon receiving an order to restore the river from Chuncheon City to its original state on or around May 2012.