1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. The reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, except for modification and addition as follows. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

On the 6th page of the first instance judgment, “A consent shall be deemed to have been obtained” as stated in the 6th sentence of the first instance judgment, and “(the original of the provisional use contract shall not be deemed to interfere with the recognition of the above facts merely because the defendant did not submit the original as evidence).”

Part 7 of the judgment of the court of first instance, the part of "N" in Part 15 shall be amended to "N".

On October 11, 2018, the appellate court sentenced the Plaintiff’s appeal and the Defendant’s appeal dismissed, respectively, on the ground that the Plaintiff and the Defendant appealed from the Suwon District Court No. 2017Na87654 regarding the foregoing judgment.

In addition, the part 8 of the first instance judgment, “In addition,” the part 13 of the 8th judgment, “in addition, the facts which have been recognized in the trial of other cases, shall not be bound by other civil procedures, but the facts which have been recognized in the civil or criminal judgment already determined, unless there are special circumstances that make it impossible to employ them (see, e.g., Supreme Court Decision 90Meu7545, Dec. 11, 1990).”

Then, the part 9 of the judgment of the court of first instance in the part 12 of the judgment " was dismissed," and the part 9 of the judgment of the court of first instance added "A plaintiff appealeds as Busan District Court 2018Na45497, but the judgment of the court of first instance became final and conclusive by withdrawing the above appeal on July 6, 2018 while the appeal is pending."

Part 1 of each week of the judgment of the court of first instance shall be deleted.

Part 9 of the judgment of the first instance shall add the following table to the following:

G. The Defendant was exercising the right of retention of the instant loan loan, and the Plaintiff was seeking to surrender the loan.