(영문) 서울남부지방법원 2016.07.13 2015가단224005

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(영문) 서울남부지방법원 2016.07.13 2015가단224005

손해배상(기)

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1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Defendant) F respectively.

Reasons

1. The Defendant was sentenced to a fine of two million won due to the offense of insult, which was committed on March 6, 2013, and March 7, 2013, by the Seoul Southern District Court (2014 High Court 585) on June 23, 2014.

Therefore, the defendant appealed, but was sentenced to dismissal by the above court (2014No1159) on October 31, 2014, and the defendant re-appealed, but the above judgment became final and conclusive upon receiving a judgment dismissing the appeal from the Supreme Court on April 23, 2015 (2014Do15916).

[Ground for recognition] Unsatisfy

2. As to the legitimacy of the counterclaim, the defendant asserts that the plaintiff F should have the obligation to pay damages of 20,000 won by defamationing the defendant, and that the plaintiff F should be dismissed on the ground that the plaintiff F's counterclaim is not related to the plaintiff's claim of the main lawsuit.

In order for a counterclaim to be lawful, the counterclaim must be related to the means of defending the main claim or the main claim (the latter part of Article 269(1) of the Civil Procedure Act). Here, the relationship with the main claim refers to the case where the formation of a legal relationship identical to the main claim or the cause of the claim is identical to that of the main claim, and even if the cause of the claim is not identical, the main part of the main claim is factual or legal common, and the relation between the method of defending the main claim and the cause of the main claim means the case where the main part of the main claim is not identical, and the relation between the method of defending the main claim and the cause of the main claim is common.

In light of the above legal principles, the Defendant’s claim for the principal lawsuit against Plaintiff F is a lawsuit seeking compensation for damages due to defamation against Plaintiff F. The Defendant’s counterclaim claim is a lawsuit seeking compensation for damages due to defamation against the Defendant. The Defendant’s counterclaim claim is for the purpose of forming the same legal relationship as that of the principal lawsuit claim, or for the same cause or cause.

참조조문

-민사소송법 제269조 제1항

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