1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

1. The first instance court dismissed both the Plaintiff’s principal claim and the Defendant’s counterclaim, and only the Defendant appealed.

Therefore, the subject of the judgment of this court is limited to the counterclaim claim.

2. The reasons for this case are as follows: (a) the court, which cited the judgment of the court of first instance, shall dismiss “20%” in the last sentence of 1.(c) of the reasons for the judgment of the court of first instance as “30%”; and (b) the reasons for the judgment of the court of first instance are as stated in the reasons for the judgment of the court of first instance except for adding the following judgments

3. The defendant asserts that compulsory execution based on the above judgment falls under the abuse of rights, since the plaintiff sought partial payment of the claim as above ① or ③ for the purpose of being subject to the Trial of Small Claims Act.

The evidence submitted by the defendant, including the evidence No. 123 of No. 11, No. 123, is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it.

Even if it is acknowledged that the Plaintiff, as alleged by the Defendant, divided the claim for the purpose of applying the Trial of Small Claims Act and claimed only a part of the claim, this constitutes a ground for dismissal of the lawsuit from the above to the above cases, and thus, the relevant

The above circumstance alone does not lead to a compulsory execution based on the above ① or ③ judgment that constitutes an abuse of rights.

The defendant's above assertion is without merit.

4. Conclusion, the defendant's counterclaim is dismissed as it is without merit, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.