물품대금
1. The quasi-examination of this case shall be dismissed.
2. The costs of quasi-examination are assessed against the Defendant (Counterclaim Plaintiff and quasi-examination Plaintiff).
1. In the event that the Plaintiff entered into a mediation protocol subject to quasi-examination filed a lawsuit against the Defendant seeking payment of the price for the goods, the fact that the Defendant brought a counterclaim seeking compensation for damages caused by the defect in the goods supplied by the Plaintiff; that, in this regard, the appellate court at the Jung-gu District Court partially accepted the Plaintiff’s claim on the principal lawsuit and rendered a judgment dismissing the Defendant’s counterclaim (hereinafter “the first instance judgment”); and that the Defendant filed an appeal against it; on March 7, 2014, the fact that the conciliation was made between the Plaintiff and the Defendant on March 7, 2014 (hereinafter “instant conciliation”) is apparent in the record.
2. The defendant asserts that the court of first instance did not admit the fact that the plaintiff's raw materials supplied to the defendant are defective, and that the court of appeal also accepted the plaintiff's claim for the price of goods supplied with defective raw materials without accepting the defendant's argument at all, and that the conciliation of this case is unfair.
However, in order for the Defendant to file a lawsuit for quasi-examination of the protocol subject to quasi-examination of this case, there must be grounds falling under each subparagraph of Article 451(1) of the Civil Procedure Act pursuant to Article 461 of the Civil Procedure Act. The above grounds alleged by the Defendant do not constitute any of the above subparagraphs
Therefore, the defendant's lawsuit for quasi-deliberation of this case is unlawful.
3. In conclusion, we decide to dismiss the lawsuit for quasi-examination of this case. It is so decided as per Disposition.