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1. The counterclaim of this case shall be dismissed.
2. The costs of lawsuit shall be borne by the plaintiff in a counterclaim.
Purport of claim and appeal
Counterclaim.
Reasons
The counterclaim must attach revenue stamps under the provisions of law. The plaintiff did not attach revenue stamps to the counterclaim, and the plaintiff did not correct the stamp within five days from this court's order to correct the stamp amounting to KRW 2,323,90 on August 24, 2017, even though the notice was served on August 24, 2017 by this court, it is obvious to this court. Thus, the counterclaim of the plaintiff in the counterclaim is illegal and cannot correct the defects.
Therefore, under Article 254(1) and (2) of the Civil Procedure Act, an order to dismiss a counterclaim should be issued, but since a counterclaim is served on the counterclaim defendant and the lawsuit has been pending, it is so decided as per Disposition by a judgment without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.