In a case pending in the appellate trial due to a separate lawsuit, the granting of a claim set-off in the lawsuit which claims cited in the first instance court are automatically claims.

The claim of set-off in litigation is allowed, which consists of a claim in separate lawsuit as an automatic claim.

Article 429 of the Civil Act

Kim Jong-won

Shin Jae-in Round

Seoul High Court Decision 63Na196 delivered on November 6, 1963, 200

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

According to the facts duly established by the court below, since the plaintiff's damages claim against the joint defendant Kim Jong-soo was 202,00 won as of June 20, 1961 and the same claim became due, the amount of 202,00 won out of 235,000 won against the plaintiff of this case against the plaintiff of the same Kim Kim Kim-soo was extinguished as a offset by the plaintiff, and 33,000 won of the remaining claims of the collateral security and 3,760 won of auction execution cost (the execution cost of the collateral security right of this case) were deposited with 7.30,760 won, so the above claim amount to 235,00 won was fully repaid. According to the records, at the time of pleading of the court below's argument that the plaintiff asserted the above offset, the lawsuit against the 202,00 won was separately filed, which was the automatic claim of this case, and the appellate court was judged in favor of the plaintiff, and there was no error of law as a set-off in this case.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Judge Do-dong (Presiding Judge) of the Supreme Court