1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasons why the court accepted the judgment of the court of first instance for this case are the same as the reasoning of the judgment of the court of first instance, except that the plaintiff added the following judgments with respect to new arguments at the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 42

2. Additional determination

A. In the first instance court, the Plaintiff asserted that the Defendant received the Plaintiff’s deposit money without reservation and appropriated part of the judgment amount to the claim of this case, but did not assert specific amount of payment, but the court of the first instance accepted only part of the Plaintiff’s claim by calculating the content of the claim for appropriation at will, which is contrary to the principle of disposition right.

1) It is against the principle of pleading to determine whether the parties did not assert any facts that constitute the facts constituting the legal requirements. However, it is obvious that the Defendant made a reservation of deposit and payment of deposit on the ground that the Defendant did not state the specific content of the calculation, even if the Defendant made a statement in the first instance trial through the statement in the reply of April 5, 2017, on the ground that the Defendant did not state the specific content of the calculation, as the Plaintiff’s obligation including damages for delay was not paid in full by the Plaintiff, and that the Defendant reserved the deposit and made a statement in advance by submitting documentary evidence to the court as well as by making a statement in the purport of proof (see, e.g., Supreme Court Decision 2005Da21531, Jun. 30, 2006).

Even if the above argument also contains the assertion that compulsory execution shall not be permitted only for the remainder of the amount appropriated as part of the judgment payment claim of this case.

3. On the other hand, evidence is evidence.