beta
(영문) 수원지방법원 2017.01.24 2016나52217

청구이의

Text

1. According to the Plaintiff’s expansion of the purport of the claim in the trial, the judgment of the first instance is modified as follows.

The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment on the plaintiff and defendant's argument added in the court of first instance to the following, and therefore, it is identical to the reasoning of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's defense against the plaintiff is obligated to pay the plaintiff 9,67,316 won (=23,921,80 won - 14,564 won) remaining after deducting the amount of claim pursuant to the defendant's first and second order against the plaintiff from the amount of claim set forth in the third order against the plaintiff (as of August 18, 2015, the fixed date) of this case. The defendant's defense against the plaintiff is obligated to pay the plaintiff 9,67,316 won (i.e., the amount of claim set forth in 23,921,80 won - 14,244,564 won). The defendant's claim against the plaintiff is 7,424,690 won upon the plaintiff's claim for the confirmation of litigation costs set forth in 201 to 3, and the defendant's claim against the defendant was set off against the plaintiff's claim against the defendant.

According to the above facts, the Defendant’s claim for litigation costs against the Plaintiff arrives on December 23, 2015, and both claims of both the Plaintiff and the Defendant reached the due date and were set off on the same day. The Defendant expressed his/her intent to set off his/her claim against the Plaintiff on an equal amount with the Defendant’s claim of KRW 7,424,690 against the Plaintiff upon delivery of a duplicate of the statement of grounds for appeal of this case.