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1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3. The appeal costs.
Reasons
1. The reasoning of the court’s explanation in this case is as follows, except for the lower court’s determination on the claim for extension below, and thus, this is acceptable in accordance with Article 420 of the Civil Procedure Act.
2. Determination on the extension claim
A. The Plaintiff’s assertion that the amount repaid by the Defendant under the instant agreement is merely KRW 10 million on September 2, 2015 and the remaining agreed amount is KRW 90,000,000,000. However, the Plaintiff’s legal representative’s mistake claimed KRW 50,000,000 as the remaining agreed amount in the first instance trial, and thus, the Plaintiff’s claim for the payment of KRW 40,000,000 and damages for delay.
B. The Plaintiff’s legal representative stated in the fourth day of the complaint that “the Defendant did not pay KRW 10 million to the Plaintiff on September 30, 2016.” The Plaintiff claimed payment of KRW 250 million, which is the total amount of KRW 50 million and KRW 200 million, which is the remainder of the Defendant’s credit, but the Defendant’s failure to comply with it, caused the instant lawsuit.” The Plaintiff’s legal representative on March 22, 2017, stated that “the Plaintiff’s legal representative stated the complaint as it was on the first day of pleading of the first instance trial of the first instance of the first instance of the first instance of the first instance of the first instance of the second instance of the second instance of the second instance of the second instance of the first instance of the second instance of the second instance of the first instance of the second instance of the first instance of the first instance of April 2017, which stated that “The Defendant did not raise any objection to KRW 50 million,000,000,000 for the remainder of the remainder.
3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal and the claim extended in the trial are dismissed as it is without merit.