The time of submitting a defense to the effect that the arbitration is required first to be conducted.

A claim that must be tried first shall be made before a pleading on the merits of the case is made, and no such defense may be submitted after a substantive pleading on the merits of the case is made without submitting such a defense and enters the hearing on the merits of the case.

Article 226 of the Civil Procedure Act, Article 3 of the Arbitration Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Dong-young et al., Counsel for plaintiff-appellant)

UAD T&D Track (Attorneys Lee Jae-soo et al., Counsel for the plaintiff-appellant)

Hyundai Timber Industry Co., Ltd. and three others (Attorneys Lee Ho-hoon et al., Counsel for the plaintiff-appellant)

Seoul High Court Decision 94Na11691 delivered on February 23, 1995

The judgment below is reversed and the case is remanded to Seoul High Court.

1. The plaintiff's attorney's grounds of appeal (the grounds of appeal on the supplemental appellate brief submitted after the lapse of the period for submitting the appellate brief are examined to the extent that it supplements the grounds of appeal)

The argument that a trial should be conducted first must be conducted before the pleading on the merits of the case is conducted, and the defendants cannot submit a defense after entering the hearing on the merits without submitting such defense (see Supreme Court Decision 91Da4812 delivered on April 23, 191, 191).

In this case, it is clear in the record that the defendants submitted a defense defense that the defendants should first undergo an arbitration trial on the 15th day from the first instance court to the 15th day from the 1st instance court without any assertion that the defendants should undergo an arbitration trial on the dispute, and only at the 6th day from the 7th day from the court of first instance to the 15th day from the 15th day from the 1st and the 15th day from the 196th day from the 196th day from the 196th day from the 196th day from the 196th day from the 196th day from the 196th day from the 15th day from the

There is reason to point this out.

2. Therefore, without examining the remaining grounds of appeal, we reverse the judgment below and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-tae (Presiding Justice)