1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasons for the court’s explanation concerning this case are as stated in the judgment of the court of first instance, except for supplement of the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters concerning determination on supplement;

A. The Plaintiff’s assertion that: (a) in the application for change of the purport of the claim and the cause of the claim filed on February 27, 2018 (hereinafter “instant application for change”); (b) the Plaintiff was a person who has a fact about the amount of money that the Defendant is to pay to the Plaintiff and the amount of money that the Plaintiff is to pay to the Plaintiff; and (c) is against the truth and is thus revoked because

The amount claimed was reduced by mistake in the calculation process due to complicated settlement details, such as lease deposit, loan interest, and construction cost of the real estate of this case.

Therefore, the Defendant is obligated to pay KRW 71,865,315 to the Plaintiff according to the application for modification of the purport and cause of the claim as of May 1, 2018.

B. In a case where one of the parties to the judgment voluntarily made a de facto statement unfavorable to himself and the other party invoked it, the so-called prior confession, which is a kind of judicial confession, shall be the first confession, and a confession contrary to the truth may be revoked only when it proves that it was due to an error.

(Article 288 proviso of the Civil Procedure Act). The Plaintiff: (a) stated that the sum of KRW 19,826,061, and the sum that the Plaintiff is obligated to pay to the Plaintiff is KRW 14,773,60,00 in total; and (b) that the payment of KRW 5,052,461, which is the difference, should be settled as being paid to the Defendant; (c) on May 4, 2018, the Defendant made a statement consistent with the above person’s statement at the date of pleading on May 8, 2018, thereby establishing a prior confession as to the settlement details.

Although the Plaintiff’s attorney at the first instance court submitted the instant application for change, it is recognized that he/she submitted a resignation on April 23, 2018, which was after the Plaintiff’s legal representative submitted, the Plaintiff is in the instant case.