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(영문) 서울중앙지방법원 2015.09.01 2015나15244
공사대금
Text

1. All appeals filed by Defendant (Counterclaim Plaintiff) D and Defendant E are dismissed.

2. The defendant (Counterclaim plaintiff)-appellanted in the trial.

Reasons

The reasoning of the court's explanation of the merits of this case is as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant, who judged whether a counterclaim is lawful, may file a counterclaim with the court in which the principal lawsuit is pending, not later than the closure of pleadings, only where it does not substantially delay the litigation procedures;

(Article 269(1) main text of the Civil Procedure Act. Defendant D’s counterclaim is unlawful as it was filed on August 17, 2015, which was three years and four months after the principal lawsuit of this case was received on April 12, 2012. Thus, it is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

3. If so, the judgment of the court of first instance as to the claim of the principal lawsuit is just in conclusion, and therefore, the Defendants’ appeal is dismissed as it is without merit, and the Defendant D’s counterclaim claim filed in the trial is dismissed as it is unlawful.

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