물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the defendant (Plaintiff).
purport, purport, ..
1. On March 26, 2013, the Plaintiff, who became final and conclusive in the judgment subject to a retrial, filed a lawsuit against the Defendant for the claim for the payment of goods with the Suwon District Court Decision 2013Gaso2800, An Ansan-si, which was rendered by the Suwon District Court. Accordingly, the Defendant filed a lawsuit for damages on September 17, 2013, which was the closing of argument.
On September 26, 2013, the foregoing court rendered a judgment dismissing the Defendant’s counterclaim (hereinafter “instant judgment subject to a retrial”) by fully accepting the Plaintiff’s claim on the principal lawsuit and rendered a judgment dismissing the Defendant’s counterclaim, and the said judgment became final and conclusive on October 19, 2013.
2. The Defendant asserts that there exists a ground for retrial under Article 451(1)9 of the Civil Procedure Act that the judgment subject to retrial rendered a dismissal judgment without holding any pleadings as to a counterclaim.
The defendant may file a counterclaim with the court in which the principal lawsuit is pending, not later than the closure of pleadings, only in cases where it does not remarkably delay the litigation procedures.
Therefore, there is no omission of judgment, which is a ground for retrial under Article 451 (1) 9 of the Civil Procedure Act, on the ground that the defendant's counterclaim that was filed after the closure of pleadings, was rejected without resumption of pleadings (the main sentence of paragraph (1) of the Civil Procedure Act).
3. Thus, the decision of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit.