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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
3. The principal claim.
Reasons
1. The reasoning for the court’s explanation on this part is as stated in the reasoning for the judgment of the court of first instance, except where the part of this lawsuit is used by changing the three pages 3, 19, and 20 as follows. Thus, this part is cited in accordance with the main sentence of Article 402 of the Civil Procedure Act.
[Supplementary part] The plaintiff's assertion is without merit, since it was paid until October 20, 2008, Gap's statement No. 12-1, and Eul's testimony is insufficient to recognize that defendant G's employee G had reached an agreement by speaking as above, and there is no other evidence."
2. Counterclaim part can be filed with the court in which the principal lawsuit has been pending until the closure of pleadings (see Article 269(1) of the Civil Procedure Act). Since the fact that the Defendant filed a counterclaim on October 23, 2015, which was after the closing of pleadings in the trial, is apparent in the record, the Defendant’s counterclaim is unlawful.
3. Accordingly, the principal lawsuit is dismissed in an unlawful manner, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed, and the defendant's counterclaim raised in the trial is dismissed, and it is so decided as per Disposition.