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1. The counterclaim of the Defendant (Counterclaim Plaintiff and the appointed party) brought at the trial shall be dismissed;
2. The plaintiff (Counterclaim defendant).
Reasons
1. We examine the legality of the instant counterclaim ex officio by determining the legality of the counterclaim.
Article 412(1) of the Civil Procedure Act provides that a counterclaim may be filed at an appellate court where there is no possibility of undermining the interest of the other party in the instance or where consent of the other party is obtained, and the term “case where there is no possibility of undermining the interest of the other party in the instance” in this context refers to the case where the substantial issues constituting the basis of a counterclaim claim are sufficiently examined by the first instance court in relation to the cause of the principal claim or method of defense, and there is no concern that the other
(See Supreme Court Decision 2005Da20064, 20071, Nov. 24, 2005, etc.). In light of the above legal principles, the reason for the principal suit was the claim for the price of goods under a sales contract, and the method of defense of the principal suit was mainly discussed.
Therefore, in the first instance court, it is difficult to view that the existence of duty to restore the original state following the rescission of the instant contract, which is the basis of the instant counterclaim claim, or the occurrence of monetary or mental damage by the Defendants, is not a substantial and principal issue, and thus, it is difficult to view that the instant counterclaim by Defendant B was sufficiently examined in relation to the cause of the principal claim. Thus
Ultimately, Defendant B’s counterclaim of this case cannot be permitted as unlawful.
2. The court's explanation of this part of the judgment on the principal lawsuit is the same as the part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
3. Thus, the plaintiff's main claim is dismissed as it is without merit. The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed as it is without merit. The defendant Eul's counterclaim is dismissed as it is unlawful and it is so decided as per Disposition.