합의해제대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
According to Articles 117 and 124 of the Civil Procedure Act, where it is deemed necessary to offer a security for litigation costs, such as when a claim is not sustainable due to a complaint, briefs, or other records of trial, the court may order the plaintiff to offer a security for litigation costs, either ex officio or upon request of the defendant, and where the plaintiff fails to offer a security within the period for providing such security, the court may dismiss the lawsuit by its judgment
In accordance with Articles 117(1) and 120(1) of the Civil Procedure Act of September 19, 2018, the first instance court rendered a decision to provide the Plaintiff with security for litigation costs that “the deposit of KRW 9,326,280 for the Defendant as security for litigation costs shall be ordered within 15 days from the date of service of this decision.” On October 5, 2018, the Plaintiff was served with the above security decision; the Plaintiff did not provide the security not only within the period prescribed in the above security decision but also until the date of pronouncement of the first instance trial, even though the above security decision became final and conclusive; the first instance court rejected the instant lawsuit without pleading pursuant to the main sentence of Article 124 of the Civil Procedure Act of February 21, 2019; and the fact that the Plaintiff did not provide the security up to the present date is clear in the record.
Therefore, the judgment of the court of first instance, which dismissed the lawsuit of this case on the ground that the plaintiff did not provide the security following the above decision of providing security, is justifiable. Thus, the plaintiff's appeal is without merit and in light of the legislative intent of the main sentence of Article 124 of the Civil Procedure Act
It is so decided as per Disposition.