1. The defendant's appeal is dismissed.

2. The appeal cost (including the application cost for the return of provisional payments) shall be borne by the Defendant.

1. The reasoning of the court's explanation concerning this case is as follows: the court's explanation of this case is the same as the reasoning of the judgment of the court of the first instance, except where "A" of the first instance court No. 8 is deemed to be "A", and therefore, it is also accepted by the main text of Article 420 of the Civil Procedure Act.

(2) In conclusion, the first instance court's findings and judgments are justifiable, and the defendant's appeal is dismissed as it has no reason to do so. (3) The ground for appeal by the first instance court is not significantly different from the argument by the first instance court, and all evidence submitted by the first instance court and the first instance court are examined.

Although the defendant applied for the return of the provisional payment, the application for the return of the provisional payment constitutes a preliminary counterclaim that is subject to the revocation or alteration of the judgment on the merits. Since the judgment on the merits in this case is maintained, it shall not be judged separately from the text of the judgment and the reasons therefor.