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(영문) 서울동부지방법원 2016.11.16 2016나2125
차량인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The defendant of a counterclaim may file a counterclaim with the court in which the principal lawsuit is pending, not later than the closure of pleadings, only when it does not remarkably delay the litigation procedures;

(Article 269(1) main text of the Civil Procedure Act. As to the main lawsuit of this case seeking damages for various public charges, such as the installment payments to be loaned by the Plaintiff on behalf of the Defendant, automobile tax, etc., the Defendant incurred damages due to the Plaintiff’s use of violence, such as legacy, medical expenses, loss of business revenue, etc., the Defendant incurred damages due to the Plaintiff’s use of violence, and at the same time claimed

In the case of compensation for damages caused by injury, which is the contents of the counterclaim claim, there is a need for the defendant to investigate into evidence that requires considerable period of time, such as fact inquiry or physical appraisal in order to prove the plaintiff's violent act, causation with damage, scope of damage, etc.

Therefore, the counterclaim of this case is unlawful because it is obvious that the lawsuit procedures of this case will be considerably delayed.

2. The reasoning of the court’s explanation concerning this part of the claim is as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 2.

3. The plaintiff's main claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. The defendant's counterclaim is dismissed as illegal. The judgment of the court of first instance is just in conclusion, and the defendant's appeal against the main claim and counterclaim is dismissed as it is without merit. It is so decided as per Disposition.

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