Text
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
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing it as it is by the main text of
In light of the evidence duly admitted and examined by the first instance court, the grounds for appeal by the Defendant are not significantly different from the allegations in the first instance court, and the facts-finding and judgment of the first instance court are justifiable. The Plaintiff added the conjunctive claim at the first instance court without filing an appeal against the part on the claim for damages partially dismissed at the first instance court. As such, the Plaintiff’s intent to add only the conjunctive claim without filing an appeal seems to be for defense in the instant case where only the Defendant appealed, and it does not appear to have different from the first instance court’s determination by separately deliberating on the conjunctive claim as to the primary claim lost at the first instance court. Therefore, once accepting the first instance court’s judgment that partially admitted the primary claim, the first instance court is justifiable, and thus, the Defendant’s appeal is dismissed as it is without merit.