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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
The court of the second instance's reasoning for this case is as follows. The court's explanation of this case is to add the following judgments as to the defense of this case made by the defendant in the trial following the fourth 20th of the judgment of the first instance, and the second 3rd Roster "Seoul Western District Court 2010 other 12796 claims seizure and all of the claims seizure and all of the claims seizure and all of the 40,000 won of the Seoul Western District Court 20,00,000 won [the above 40,00,000 won was transferred from provisional seizure to provisional seizure], and the first 5th 19 of the 5th 19th Roon "A defendant A" and the first 6th Do 1 as "the defendant's deposit" are stated as the part of the judgment of the first 20th Gaon 4th Gaon and the second 20th Gaon 19 of the Civil Procedure Act except for the defendant's deposit".
The defendant asserts that the plaintiff's legal judgment of the Seoul Southern District Court 201Gahap6589 was unlawful, and that the plaintiff did not appeal in the absence of any obstacle to the appeal again filed the lawsuit of this case. Thus, the lawsuit of this case is an improper lawsuit that does not meet the requirements for protection of rights.
However, in the above case No. 201Gahap6589, the plaintiff filed a lawsuit seeking confirmation of the claim for payment of the entire amount of the deposit of this case (Seoul Southern District Court 2012Gahap7475) in accordance with the purport of the above judgment after obtaining a partial winning judgment on the remainder of the claim except for the deposit of this case on the premise that the total amount of the deposit of this case is effective as deposit for the plaintiff. However, as seen above, the plaintiff was partly awarded a winning judgment on only 15,57,596 out of the deposit of this case. Accordingly, the plaintiff is entitled to claim for payment of part of the deposit of this case by the above 201Gahap7475 decision.