1. The defendant's appeal is dismissed.

2. The appeal cost (including the cost of filing an application for the return of provisional payments) shall be borne by the Defendant.

1. The reasons for the court's explanation concerning this case are as follows: the plaintiff in the first instance court's 8th, 10, 5th, and 7 "the plaintiff in the first instance court's 7th," and the defendant's 19 through 22th, which are insufficient to recognize the defendant's assertion as additional evidence submitted in the court's trial, are as stated in the reasons for the first instance court's 4th, 10th, 5th, and 7th, and the plaintiff in the second instance's 19 through 22th, which are not sufficient to recognize the defendant's assertion as evidence

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(If the appeal by the defendant is dismissed and the judgment of the first instance is maintained, it is not judged separately as to the defendant's application for return of provisional payment which has the nature of the preliminary counterclaim.)