매매대금청구소송 등에 있어서 항변과 관련한 요건사실에 관한 연구

Abstract

Looking at the requirement facts in civil litigation, the plaintiff studies and examines the requirements facts, which are the specific attack methods that constitute the legal requirements for the proceedings. Therefore, defenses are usually attached and described in the above attack method. However, it is necessary to recognize the fact that not only the plaintiff's attack method exists but also the defendant's defense method exists in civil proceedings, and there is a need for consideration centered on this. Therefore, in a civil lawsuit, as a general rule, in order for the plaintiff to publicly recognize the rights and obligations that are the subject of the trial, the individual requirement facts that make up the legal requirements based on the dispositionism and apology should be asserted and proved to the court. It is is of greatest interest, and the fact that the defendant will also make denial, ignorance or defense allegations and proofs in order to denounce the individual requirement facts that make up the plaintiff's alleged legal requirements by similar doctrine. As a premise, the paper studied the defendant's defense methods that are generally accepted in civil lawsuits. In terms of appearance, the defenses against the purchase price claim are summarized, but in fact, except for each individual defense item in most of the defendants' complaints, the repayment, performance deadline, objective repayment, and phase total studied in the text below, Simultaneous performance, extinction prescription, error, fraud, delay in performance, suspension deadline, cancellation, unannounced cancellation special contract, of course cancellation special contract, cancellation due to defect warranty, contract money contract, etc. As it is common, it can be said that the defendant or its litigation agent is a defense that must be familiar to in order to establish a basic litigation strategy. In other words, the plaintiff asserts to the court the individual requirement facts that make up the legal requirements that can be met on the premise of the subject of trial in order to win the case, while the plaintiff generally asserts in the civil lawsuit in which the defendant proceeds. I researched the facts about the requirements for the legal requirements that make up the legal relationship that is the subject of the trial, focusing on the defense that makes it possible to overcome this and lead to the victory of the defendant.