1. The defendant's appeal is dismissed.

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

3.Paragraph 4 of the text of the judgment of the court of first instance.

1. The reasons for the court's explanation of this case are as stated in the part of the judgment of the first instance except for the rejection of the statement in Eul evidence No. 5, which is insufficient to recognize the defendant's argument that the plaintiff is liable to pay the advance notice of dismissal to the defendant as evidence additionally submitted in the trial, and therefore it is also acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As such, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. However, the "paragraph (1)" in Paragraph (4) of the judgment of the court of first instance is obvious that it is a clerical error in the "paragraph (2)", and it is so decided as per Disposition.