1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. First of the scope of adjudication, the Plaintiff asserted the claim for each of the loans at the first instance trial, and the Defendant asserted the set-off claim as to the total of KRW 7,050,000 out of the Plaintiff’s claim amount (= KRW 1,650,000 on December 9, 2013, KRW 3,100,000 on June 26, 2014, KRW 3,100,000 on June 26, 2014) from the preparatory document dated May 16, 2016, the Defendant asserted that “the Plaintiff should make a total of KRW 11,181,00,000, KRW 07, KRW 000 on June 26, 2014, KRW 1,300,00 on July 18, 2016, KRW 7,007, KRW 000 on the Plaintiff’s monetary obligation payment”).

Therefore, the Defendant recognized KRW 7,050,00, out of the Plaintiff’s loan claims through the delivery of the above counterclaim, and deemed that the Defendant made a claim for a counterclaim against the Plaintiff by using the Defendant’s monetary claim and the goods price claim against the Plaintiff as the automatic claim, which the Defendant had against the Plaintiff, as the claim for a set-off against the Defendant, with the claim for a set-off against the Defendant.

After having been made at home, the first instance court filed a counterclaim seeking the return of the loan and the price of goods. The judgment dismissing part of the Plaintiff’s claim is defective. The Plaintiff contests all of the part against which the claim was filed (including the part which was rejected after the counterclaim was accepted) and the part of the claim for counterclaim. It is evident that the Defendant appealed both to dispute the extinction of the counterclaim against which the counterclaim was set off and the part which rejected the claim for counterclaim was dismissed. It is obvious that the Defendant appealed both to dispute the existence of the principal claim and the part which rejected the claim for counterclaim.

However, as long as the plaintiff denied the occurrence of the counterclaim and appealed to the whole part of his claim against him, the purport of the appeal is that the first instance court, even though it did not claim the counterclaim against the defendant.