손해배상 등
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant (Counterclaim Plaintiff) is against the Plaintiff (Counterclaim Defendant) in KRW 30,84,886.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
An ex officio judgment counterclaim on the legitimacy of a counterclaim may be filed not later than the closure of pleadings, only where it does not substantially delay the litigation procedures.
(1) Article 269(1) of the Civil Procedure Act. In light of the following facts: (a) the Plaintiff’s principal lawsuit was filed on December 23, 2015; (b) the Plaintiff’s principal lawsuit was concluded on August 10, 2016, which was concluded after the closure of pleadings regarding the principal lawsuit; (c) the pleading regarding the principal lawsuit was concluded on the date following the date on which the counterclaim was filed; and (d) the Defendant’s cause of the counterclaim includes new issues and is anticipated to require considerable time for the trial, the Defendant’s counterclaim constitutes a case where the Defendant’s counterclaim substantially delays the litigation procedures.
(Defendant may file a separate lawsuit with the same content as the counterclaim. Therefore, Defendant’s counterclaim is unlawful.
On November 208, 2008, C Co., Ltd. (the date of its establishment; hereinafter referred to as “former C”) transferred a siren business sector (property and liabilities) to D Co., Ltd. (hereinafter referred to as “D”) by universal transfer on November 30, 2012.
The former C changed the trade name on October 29, 2009 to F Co., Ltd. (hereinafter referred to as “F”).
② Around November 3, 2009, C Co., Ltd. (the trade name was changed to G Co., Ltd. on June 1, 2010; hereinafter “new C”) was established, regardless of whether it was before or after the mutual change.
D’s siren projects were transferred to New C.
③ On June 8, 2010, part of the new C (including the rental car business sector) was divided and merged with H (hereinafter “H”) corporation around June 8, 2010.
④ On June 8, 2010, the Defendant filed an application with F for a payment order claiming payment of KRW 7,260,000 against F and the delayed payment damages.
The reason for the application was that the Defendant leased the vehicle from F (former C) on July 7, 2008 for three years.
In September 9, 2008, there are anything else on the vehicle.