1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the court of first instance for the acceptance of the judgment is as follows: (a) Party A’s 10 evidence which is insufficient to recognize the Plaintiff’s assertion as additional evidence submitted at the court of first instance; and (b) Party A’s 10 evidence which is insufficient to recognize the Plaintiff’s assertion is excluded; and (c) except for addition of the judgment as to the Defendant’s assertion, the reasoning of the court of first instance is as stated

2. The defendant asserts to the effect that the plaintiff's claim should be dismissed, since the defendant made a preferential payment deposit in the judgment of the first instance.

According to the evidence Nos. 1 and 1, it is recognized that the Defendant deposited the Plaintiff on October 29, 2018 with the principal as the principal and deposited the principal amount of KRW 14,335,357 equivalent to the cited amount of the judgment of the first instance (i.e., principal amount of KRW 12,843,41 for delay damages of KRW 1,491,946).

However, after the judgment of the first instance court of the provisional execution department was rendered, the defendant deposited the amount of award.

In light of the fact that the defendant appealed against the amount cited in the first instance court while filing an appeal, although it was in the form of a deposit for repayment, it shall be deemed that the defendant, the debtor, was deposited to be exempted from compulsory execution based on the provisional execution attached to the judgment of the first instance. Thus, it shall not be deemed that the defendant made a deposit for repayment due to the plaintiff's failure to receive it, although the defendant recognized that he had a debt equivalent to the amount of the money and provided it voluntarily.

(See Supreme Court Decision 94Da22446 delivered on November 11, 1994, etc.). Accordingly, even if the Plaintiff received the deposit, it shall not be deemed that the Plaintiff received part of the claim against the Defendant, but the amount received by a declaration of provisional execution attached to the judgment of the court of first instance, which was attached to the judgment of the court of first instance. As such, the amount received by the provisional execution does not definitely affect the repayment, and thus, it shall not be considered in the appellate trial

This part of the defendant's assertion is accepted.