차량인도
1. The counterclaim of the instant lawsuit shall be dismissed.
2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) the annexed list;
1. A counterclaim for judgment on the part rejecting the counterclaim shall be filed with the court in which the principal lawsuit is pending, at least a claim for the subject matter of the lawsuit and the subject matter of the lawsuit and the cause of occurrence, and only if it does not remarkably delay the litigation procedures, the counterclaim may be filed with the court in which the principal lawsuit is pending,
(Article 269(1) of the Civil Procedure Act. In light of these standards, when examining whether there exists a relationship between the principal lawsuit and the counterclaim, the principal lawsuit claims as damages for various public charges, such as the installment payments and automobile tax, etc. that the Plaintiff paid on behalf of the Defendant.
A counterclaim claim is a testamentary gift and medical expenses claim resulting from the Defendant’s injury caused by the Plaintiff’s use of force, and a claim for damages, etc. arising from the Defendant’s failure to conduct his/her business. There is no relation between the principal lawsuit and the counterclaim claim.
In terms of the delay in litigation procedures, in the case of compensation for damage caused by bodily injury among the contents of the counterclaim claim, it is anticipated that a considerable delay in the procedure may be possible to conduct physical appraisal, and in order to prove damage caused by the defendant's failure to conduct business due to bodily injury, it is obvious that the contents of the counterclaim claim will considerably delay the litigation procedures of the principal suit, and it was submitted after the closing of argument.
In addition, as mentioned in the latter, the defendant has not yet delivered the attached vehicle to the plaintiff, and there is also the need to first render a judgment on the claim of the principal lawsuit.
Therefore, the defendant's counterclaim is dismissed as illegal.
2. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the judgment of the claim of this lawsuit as to Gap evidence Nos. 1 to 12 (including each number).
Around February 2014, the defendant, who was unable to obtain a loan far from credit, transferred the attached vehicle managed by himself in the name of the plaintiff, and the plaintiff.