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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
Reasons
1. Scope of the judgment of this court;
A. In a case where the court of relevant legal principles omitted a judgment on a part of the claim, the court shall continue to render a judgment on the part of the claim (Article 212(1) of the Civil Procedure Act), and whether there is an omission of judgment shall be determined by the statement of the main text. In a judgment dismissing the claim, whether the judgment on the whole of the claim is stated in the main text shall be determined by taking into account the purport of the claim
B. (See Supreme Court Decision 2003Da13604 delivered on May 30, 2003).
Judgment
In the first instance trial, Defendant D Co., Ltd. submitted a counterclaim on October 20, 2015, stating that “the Plaintiff (Counterclaim Plaintiff) returned a promissory note stated in the attached list to the Defendant (Counterclaim Plaintiff) D Co., Ltd.,” and on the second day of pleading on December 17, 2015, Defendant D Co., Ltd stated the said counterclaim on the date of pleading.
However, the court of first instance dismissed the counterclaim claim of Defendant D Co., Ltd. in the indication column of the party in the judgment of the first instance, and all of the Defendant (Counterclaim Plaintiff)’s counterclaim claims in the judgment of the court of first instance, and omitted the claim of Defendant D Co., Ltd. in the column of the counterclaim claim, and did not determine the “decision on the counterclaim” part of the judgment in the “decision on the counterclaim.” The court of first instance omitted the judgment on the counterclaim claim of Defendant D Co., Ltd.
C. The part of the counterclaim claim by Defendant D Co., Ltd., which was omitted by the court of first instance, is pending in the court of first instance, but did not have been transferred to the court of appeal. Therefore, the subject of the judgment of this court is limited to the plaintiff's main claim and the part of the counterclaim claim by Defendant A Co., Ltd. and B Co., Ltd. (the defendant D Co., Ltd filed an appeal against the part of the counterclaim claim, but withdrawn this part of the appeal in the first instance trial). 2. The court of first instance cited this part of the judgment.