사업자등록이전 및 신문사등록인증인수 등
1.Paragraphs 2, 3 and 4 of the judgment of the court of first instance shall be amended as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim).
The judgment of the court of first instance fully accepted the plaintiff's claim of the principal lawsuit and partly accepted the defendant's counterclaim. Accordingly, the defendant appealed against the part against the defendant among the claim of the principal lawsuit and the part against the defendant among the counterclaim. As examined below, the defendant raised a set-off defense with the claim of the counterclaim as the automatic claim of the first instance court.
Therefore, the remainder (Article 1 of the decision of the court of first instance excluding the part of the claim) of the principal lawsuit is excluded from the scope of the trial of this court, and the scope of the trial of this court is limited to the monetary payment and the part of the counterclaim claim (Article 2, 3 and 4 of the decision of the court of first instance).
Basic Facts
The court's explanation on this part is the same as the statement in Paragraph 1 of the reasoning of the judgment of the court of first instance, and therefore, this part is cited by the main text of Article 420 of the Civil Procedure
Of the principal lawsuit, the fact that the money deposited in the instant account should be returned to the Plaintiff as the money deposited in the judgment on the cause of claim for judgment on the claim for payment of the money ought to be returned to the Plaintiff, is not disputed by the Defendant. Thus, barring any special circumstance, the Defendant is liable to pay the Plaintiff KRW 9,280,654, out of the money deposited in the instant account, and damages for delay.
The defendant's defense as to the offset defense asserts that the defendant set off the counterclaim claim that should be paid by the plaintiff and the plaintiff's claim against the defendant against the defendant on an equal amount.
Judgment
The plaintiff is obligated to pay 2,00,000 won and damages for delay to the defendant, as seen below in the judgment on counterclaim. The defendant is obligated to pay 9,280,654 won and damages for delay to the plaintiff.
In addition, the defendant's petition of appeal stating that the above two claims are offset against the equal amount is duplicate.