보증금반환
1. On the Plaintiff (Counterclaim Defendant),
A. Defendant B: 68,00 won;
B. Defendant (Counterclaim Plaintiff) C is KRW 2,040,800, respectively.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. The scope of the judgment in this Court rendered a ruling of recommending reconciliation after the closing of argument regarding the instant case. The Plaintiff was served on December 31, 2019, and Defendant C was served on December 30, 2019, respectively, on December 23, 2019, and the fact that only Defendant C filed an objection to the said ruling of recommending reconciliation on January 6, 2020 is apparent in the record.
In Article 70(1) of the Civil Procedure Act, “legal compatibility” means a relationship in which the legal effect of one of the two claims is acknowledged on the same factual basis, on the other hand, on the other hand, if the legal effect of one of the two claims is acknowledged, the other is denied, or both claims cannot be accepted on the other, or where either of the parties' facts is affirmed or denied by a selective fact finding that constitutes the cause of the claim, and thereby the other party's legal effect is denied or acknowledged, and where the other party's legal effect is opposed to the other, it is reasonable to deem that the grounds for the determination of one claim between the two claims affect the other's grounds for the determination of the other claim, and that the process of the determination of each claim is necessarily mutually combined. It includes not only the case in which the substantive law compatibility is not possible, but also the case in which it is not compatible with the Civil Procedure Act.
(See Supreme Court Order 2007Ma515 Decided June 26, 2007). In addition, Articles 67 through 69 of the Civil Procedure Act shall apply mutatis mutandis to preliminary selective co-litigation under Article 70 of the Civil Procedure Act, and the unification of litigation materials and the proceedings is required (main sentence of Article 70(1) of the Civil Procedure Act). However, each co-litigants who take a lawsuit may be the waiver or recognition of a claim, compromise and lawsuit (proviso of Article 70(1) of the Civil Procedure Act). In light of this, if a decision of recommending a compromise becomes final and conclusive, it shall have the same effect as judicial compromise.