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| TITLE | Supreme Court Decision 2021Da275741 Decided February 17, 2022 【Damages (Etc.)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether the allegation of setoff in civil procedure against a claim pending in a separate lawsuit may be allowed (affirmative) and whether filing a lawsuit based on the same claim as an automatic claim in the form of a separate lawsuit or counter lawsuit while the lawsuit is pending in court after the defense of set-off was submitted in a preceding lawsuit is possible (affirmative) [2] Unlike the withdrawal of a lawsuit, whether the defense of setoff as a means of judicial defense may be withdrawn without the consent of the other party (affirmative) and where a judgment on the merits of the case was rendered through a judgment in the first instance after the defense of setoff was submitted in the first trial of a lawsuit filed first but the defense of setoff was withdrawn in the appellate trial, whether a lawsuit based on a claim identical to the automatic claim may be separately filed (affirmative) [3] The purpose of Article 216(2) of the Civil Procedure Act stipulating that the court’s adjudication on the allegation of setoff shall have the effect of res judicata despite a judgment among the grounds for the judgment | |
