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1. The counterclaim Defendant: 10,000,000 won to the counterclaim and 5% per annum from December 2, 2016 to November 28, 2017; and
Reasons
1. The Lessee is the owner of three multi-family houses on the ground of two parcels, both C and C (hereinafter “instant multi-family house”) at the time of strike.
D is the father of a counterclaimed defendant, who was present at the second and third legal date for pleading with the permission of representation in this case.
[Grounds for recognition] The fact that there is no dispute, the fact that is obvious in records, and the purport of the whole pleading
2. On November 30, 2016, under the premise that the counterclaim Defendant and the instant multi-family house construction contract with the construction cost of KRW 10,980,000 for tin works among the instant multi-family house construction works (hereinafter “instant construction contract”) was concluded, the gist of the cause of the claim is that the instant construction contract was rescinded on the grounds of nonperformance by the counterclaim Defendant, and that the instant construction contract was rescinded on the grounds of the cancellation of the contract, and the payment of interest or delay damages therefrom is sought for restitution of the original state due to the cancellation of the contract.
3. Whether the counterclaim Defendant is a party to the instant construction contract
A. The counterclaim Defendant asserts that he did not have entered into the instant construction contract with the counterclaim and that D could not respond to the counterclaim claim if he entered into the instant construction contract under the name of the counterclaim Defendant without permission of the counterclaim Defendant and entered into the instant construction contract under the name of the counterclaim Defendant, and filed a principal lawsuit, etc.
B. D: “The instant construction contract was concluded between the counterclaim and the counterclaim Defendant; the Plaintiff unilaterally demanded the discontinuance of construction works and reversed the contract, and the Plaintiff, who received the instant complaint, submitted a counterclaim, including the cause of the claim indicated in paragraph (2) while disputing the cause of the instant lawsuit; thereafter, D submitted the Nonparty’s preparatory document on the premise that the instant construction contract was concluded between the counterclaim and the counterclaim Defendant (as of January 2, 2018, October 4, 2018, and October 8, 2018), and written preparatory documents (as of January 10, 2018, and October 8, 2018), respectively, were written on the date of pleading 2 and 3 occasions.
(b)records;