손해배상(기)
1. The plaintiff's appeal is all 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.
1. The following facts are apparent in the records or are significant to this court:
On April 20, 2016, pursuant to Article 117(2) of the Civil Procedure Act, the court of the first instance ordered the Plaintiff to deposit KRW 5,032,800 with the Plaintiff as security for the costs of lawsuit within seven days from the date of receiving the notice of this order.
(hereinafter “instant decision”). (b)
On April 28, 2016, the Plaintiff received the instant decision, and filed an immediate appeal (Korean Government District Court 2016Ra325), but the appeal was dismissed, and the instant decision became final and conclusive as it is.
The plaintiff did not provide a security under the decision of this case not only within the period of providing security prescribed in the decision of this case but also until the judgment of the court of first instance is rendered.
C. On June 7, 2018, the court of first instance rejected the instant lawsuit without holding any pleadings pursuant to the main sentence of Article 124 of the Civil Procedure Act.
The plaintiff appealed against the judgment of the court of first instance, but still does not provide a security under the decision of this case until now.
2. Where it is deemed necessary to offer security for the costs of lawsuit, such as when a claim based on the written complaint for judgment, briefs and other records of trial is clearly groundless, the court may order the plaintiff to offer security for the costs of lawsuit ex officio (Article 117(2) and (1) of the Civil Procedure Act), and where the plaintiff fails to offer such security within the period for providing the security, the court may dismiss the lawsuit by its judgment
(2) In light of the legislative intent of the main text of Article 124 of the Civil Procedure Act, the judgment of the court of first instance, which dismissed the lawsuit of this case for this reason, is justifiable, and in light of the legislative intent of the main text of Article 124 of the Civil Procedure Act, the court may dismiss the appeal by judgment without holding any pleadings.
3. The plaintiff's conclusion