Text
The appeal filed by the plaintiff (Counterclaim defendant) against the principal lawsuit and the appeal filed by the defendant (Counterclaim plaintiff) B against the counterclaim and this court.
Reasons
1. Quotation of the first instance judgment
A. The grounds for appeal by the Plaintiff and Defendant B do not differ significantly from the allegations in the first instance trial, and even if the evidence submitted in the first instance trial was presented to this court, the fact-finding and determination in the first instance court is justified.
B. With respect to the principal lawsuit and counterclaim of this case, the reasoning of this court is as follows, except for the addition of a part of the judgment of the first instance as follows, and thus, it is identical to the reasoning of the judgment of the first instance. Therefore, it is acceptable to accept it in accordance with the main sentence of
2. The portion added to the portion of the judgment of the court of first instance No. 7, No. 20 of the judgment of the court of first instance, which added the following: “The plaintiff filed a complaint with Defendant B on or around April 2020 for the charge of occupational embezzlement of the advance payment of this case. However, the prosecutor issued a non-prosecution disposition on the grounds that it is difficult to recognize the criminal intent of embezzlement on or around June 17, 2020 (Evidence No. 7, No. 20-1, No. 20).”
3. In conclusion, the judgment of the court of first instance on the principal lawsuit and counterclaim in this case is justifiable. Thus, all appeals against the plaintiff's principal lawsuit, appeals against the counterclaim in this court, and appeals against the counterclaim in this court are dismissed. It is so decided as per Disposition.