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The judgment below
Of the above, the part against the Plaintiff against the Defendant Guarantee Insurance Co., Ltd is reversed, and this part of this case is applied.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal against Defendant Han-chul
A. (1) The offset defense as a means of defense in a lawsuit is a kind of preliminary defense that is usually conducted on the premise that the existence of the passive claim is confirmed, not a final effect by the declaration of intent of offset in the lawsuit, but a case where the court makes a substantial judgment on offset such as the existence of the passive claim in the lawsuit in question, and it takes effect under substantive law only when the court makes a substantial decision on offset such as the existence of the passive claim in question.
(See Supreme Court Decision 201Da3329 Decided March 28, 2013). In a case where the Plaintiff re-appeals against the Defendant’s counterclaim in the lawsuit in order to again extinguish the Defendant’s automatic claim, the court does not need to determine the re-appeal of offset in the lawsuit when rejecting the Defendant’s counterclaim in the lawsuit for reasons unrelated to the Plaintiff’s counterclaim in the lawsuit. In a case where the Defendant’s counterclaim in the lawsuit is deemed reasonable, the claim, which is the Plaintiff’s claim, and the Defendant’s automatic claim, are deemed extinguished on an equal amount at the time of the offset in the lawsuit. As such, the Plaintiff’s automatic claim, which is the subject of offset in the lawsuit, does not exist within the scope of the offset in the lawsuit, and even in this case, it is unnecessary to determine the re-appeal of offset in the lawsuit by the Plaintiff.
In addition, if the plaintiff has other claims against the defendant in addition to the claims which are the subject matter of the lawsuit, such claims may be claimed or brought a separate lawsuit by additional changes in the lawsuit.
If so, the re-appeal of the plaintiff's set-off in the lawsuit is generally no benefit to allow it.
Therefore, the plaintiff's counterclaim against the defendant's counterclaim is not allowed unless there are other special circumstances.