1.(a)

Plaintiff

A Co., Ltd. and the Plaintiff (Counterclaim Defendant)’s principal lawsuit was terminated on July 19, 2016 as the withdrawal of the lawsuit.

(b).

1. Whether the lawsuit of the plaintiff company and the plaintiff J is terminated, and the legitimacy of the defendants' counter-action

A. Article 26(2) of the Civil Procedure Act provides that if the other party who takes a legal action on the termination of a lawsuit submits a preparatory document on the merits of the case or gives a statement or pleading at the preparatory date for pleading, it cannot be deemed that the other party has responded to the merits, and if the defendant seeks a judgment on rejection of the lawsuit while submitting the main safety defense, the plaintiff can withdraw the lawsuit without the consent of the defendant. Even if the defendant seeks a dismissal of the lawsuit on the merits as the main safety defense, and the dismissal of the lawsuit on the merits of the case is sought as a preliminary measure against the time when the main safety defense is groundless, the plaintiff may withdraw the lawsuit without the consent of the defendant (see, e.g., Supreme Court Decisions 68Da217,68Da218, Apr. 23, 1968; 2009Meu1861, Jul. 22, 2010; 2009Meu184, Feb. 22, 2010).

(Article 269(1) of the Civil Procedure Act. In order to file a counterclaim, the principal lawsuit must be pending at a fact-finding court. As such, the continuation of the principal lawsuit is the requirement for filing a counterclaim.

B. On September 14, 2015, the facts of recognition were as follows: ① Plaintiff Company and Plaintiff J filed the instant principal suit against the Defendants; ② As to this, the Defendants sought dismissal of the suit as the main defense on December 14, 2015 (in the substantive reply, first against the Defendant’s defense).