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(영문) 서울서부지방법원 2019.04.19 2016가단205628

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

According to the records of this case, the court rendered an order to deposit KRW 4,696,200 as security for the litigation costs of this case on January 5, 2018 pursuant to Articles 117(2) and 120(1) of the Civil Procedure Act within 10 days from the date the order was notified to the Plaintiff on January 5, 2018, and it is recognized that the appeal was dismissed on October 15, 2018 (this Court Decision 2018Ra1008), and further appeal was filed on February 14, 2019 (Supreme Court Decision 2018Ma7552), but the reappeal was dismissed on February 14, 2019 (Supreme Court Decision 2018Ma7552), and the Plaintiff was served on February 21, 2019 and did not provide the said security until now.

In addition, the part concerning the claim of money in the lawsuit of this case cannot be understood as having specified the cause of the claim, since it is impossible to ascertain the Defendants’ obligation to pay money based on what factual relations and legal grounds, and the part seeking the performance of the duty of cancellation registration or correction cannot be seen as having specified the purport of the claim and the cause of the claim as it is unclear.

Although the plaintiff filed a lawsuit similar to the lawsuit in this case over several times, the fact that the plaintiff received a ruling of rejection for reasons of the purpose of the claim and the unspecified cause of the claim is significant in this court.

Thus, the plaintiff's lawsuit of this case falls under the main sentence of Article 124 of the Civil Procedure Act, and at the same time, since it is an illegal lawsuit under Article 219 of the Civil Procedure Act that cannot correct its defects, it is decided to dismiss it without holding any pleadings.