1. The defendant (Counterclaim plaintiff) shall all dismiss the counterclaim.

2. The Defendant (Counterclaim Plaintiff) is jointly and severally liable.

1. We examine, ex officio, whether the counterclaim by the Defendants is legitimate.

A counterclaim may be filed before the closing of argument in the principal suit. The Defendants’ counterclaim was filed on November 2, 2018, which was after the date of closing of argument in the principal suit. In light of the following circumstances, this would significantly delay the litigation procedures in the principal suit, and is unlawful, failing to meet the requirements of Article 269(1) of the Civil Procedure Act.

The defendants seek the resumption of pleadings for the filing of a counterclaim.

The issue of whether to accept an application for the resumption of pleadings is within the court’s discretion. As such, the issue of whether to accept an application for the resumption of pleadings falls within the court’s discretion, notwithstanding the fact that the parties were sufficiently able to submit their arguments and certifications, and where the application for the resumption of pleadings was filed for the assertion and verification after the closing of pleadings, the court cannot be deemed unlawful on the ground that the application for the resumption of pleadings was rejected (see, e.g., Supreme Court Decision 2015Da24751, May 31, 2017). The instant lawsuit was filed on June 21, 2017. Defendant B, while indicating that it was scheduled to directly attend the pleading and file a counterclaim on the third date for pleading on May 29, 2018, did not take any particular measure for three times after the date of pleading, but the Defendants did not attach the application for the resumption of pleadings or the evidence attached to the counterclaim even though the date of the instant judgment was designated at the request of the Defendants, and the Defendants did not sufficiently dispute the matters in the counterclaim in the process.

Therefore, the defendants' counterclaim is illegal, and the defects cannot be corrected, so the defendants' counterclaim is dismissed without holding any pleadings in accordance with Articles 270 and 219 of the Civil Procedure Act.

2. Basic facts

A. On December 12, 2012, the Plaintiff and the Defendants determined the following matters with respect to the collection of claims by the Defendants upon the transfer of claims from the Plaintiff.