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(영문) 청주지방법원 2020.09.23 2019가합10719 (1)
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Text

The counterclaim of this case is dismissed.

Of the costs of lawsuit, the part incurred by the counterclaim is the defendant-Counterclaim plaintiff.

Reasons

With respect to the legitimacy of the instant counterclaim ex officio, the Defendant may file a counterclaim with the court in which the principal lawsuit has been pending until the closure of pleadings, only in cases where it does not substantially delay the litigation procedures (Article 269(1) of the Civil Procedure Act). The Defendant’s filing of the instant counterclaim after November 14, 2019, when the pleadings on the principal lawsuit of this case have been concluded on and after November 18, 2019, is obvious in the record. As such, the instant counterclaim is unlawful because it fails to meet the requirements under Article 269(1) of the Civil Procedure Act.

Therefore, the court of this case must dismiss the counterclaim of this case, and in the judgment of this court rendered on January 16, 2020, the judgment on the counterclaim of this case was omitted, which constitutes an omission of judgment, and thus, it is so decided as per Disposition by the court of this case by making an additional judgment under Article 212 (1) of the Civil Procedure Act.

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