The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. As to this case, the court's acceptance of the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where the following is added or added and the judgment on the defendant's counterclaim for offset is added.

[Supplementary or additional parts] At the last paragraph (b) of Section 1 of the Judgment of the first instance (hereinafter referred to as the "Judgment of the first instance"), the following shall be added:

(A) The Plaintiff asserted that the amount paid to the Defendant was KRW 285 million in the first instance trial. However, the Plaintiff consistently asserted that the Plaintiff paid KRW 275 million in the first instance trial, and that each written confirmation of KRW 10 million in the construction cost payment of KRW 1,00,000 in September 12, 2016 among the 1 construction cost payment of KRW 4, 200,000 in the evidence No. 4 appears to be a confirmation document on the same transaction. In light of the above, the Plaintiff’s above assertion is difficult to accept) set forth in the main sentence of Article 3(a) as follows.

Since the plaintiff's assertion that the contract of this case was lawfully rescinded is not clearly disputed by the defendant, it shall be deemed that the defendant was led to confession, and the court of first instance designated D as appraiser for the plaintiff's request for appraisal, and entrusted it with appraisal. However, D cannot be deemed as a reliable entrustment institution for appraisal, which is scheduled under the Civil Procedure Act, and D cannot be used as evidence as a result of appraisal or entrustment, since D did not undergo procedures necessary for oath appraisal, etc. as appraiser, it cannot be used as evidence. Accordingly, considering the summary of appraisal written by D, it shall be used as a documentary evidence, and the content thereof shall be referred to as "the result of appraiser's appraisal" in the first part of paragraph (b) of Article 3 (3) as "the result of appraiser's appraisal" in addition to the statement written by evidence No. 7.