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. The defendant's ground of appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance except for adding or emphasizing the following arguments in this court, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance was neglected to this court.

The reasons for this case are as follows: "The amount of 25,20,00 won" in Part 1 of Part 3 of the first instance judgment "24,970,000 shall be 116,281 won in the amount of 4th, " Eul shall be 116,281 won in the amount of 116,281 won in the amount of 4th,000 won in the amount of 24,97,00 won in the first instance judgment ".................................................................................................... were stated in each of the following 10th,000 won in the 1st,005th,000.

2. Additional determination

A. The Defendant’s assertion 1 should have received the refund of intermediate payment from the executor company, etc. at the time of the withdrawal of the intermediate payment from the executor company, etc., as well as the interest thereon, notwithstanding the fact that the Plaintiff should have received the intermediate payment from the executor company, etc. at a voluntary repayment method.